MINE HEALTH AND SAFETY REGULATIONS (2022)

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MINE HEALTH AND SAFETY ACT

Act 29 of 1996.


MINE HEALTH AND SAFETY REGULATIONS
[Updated to10 July 2015]

GoN R93, G. 17725 (c.i.o 15 January1997),
GoN R846, G. 18078 (c.i.o 21 June 1997),
GoN R1315, G. 19354 (16October 1998),
GoN R721, G. 20155 (c.i.o 11 June 1999),
GoN R1486, G.20714 (corrected by GoN R303, G. 21029) (c.i.o 17 December 1999),
GoN R134,G. 22055 (c.i.o 9 February 2001),
GoN 786, G. 23498 (c.i.o 14 June2002),
GoN R787, G. 23498 (c.i.o 14 June 2002),
GoN R904, G. 23583 (c.i.o2 July 2002 unless otherwise specified),
GoN R907, G. 23586 (c.i.o 2 July2002),
GoN R569, G. 23410 (c.i.o 1 September 2002),
GoN R1573, G. 24168(c.i.o 13 December 2002),
GoN R1579, G. 24168 (c.i.o 13 December2002),
GoN R959, G. 23615 (c.i.o 1 January 2003),
GoN R886, G. 25097(c.i.o 20 June 2003),
GoN R1237, G. 25404 (c.i.o 29 August 2003),
GoNR1792, G. 25812 (c.i.o 12 December 2003),
GoN R583, G. 26333 (c.i.o 14 May2004),
GoN 783, G. 26496 (c.i.o 2 July 2004),
GoN R1304, G. 26963(corrected by GoN R89, G. 30698) (c.i.o 12 November 2004),
GoN R1323, G.26963 (c.i.o 12 November 2004),
GoN R1224, G. 28333 (corrected by GoN R 90,G. 30698) (c.i.o 15 December 2005),
GoN R1225, G. 28333 (corrected by GoN R90, G. 30698) (c.i.o 15 December 2005),
GoN R1226, G. 28333 (c.i.o 15December 2005),
GoN 911, G. 29214 (c.i.o 8 September 2006),
GoN R989, G.29276 (c.i.o 5 October 2006),
GoN 34, G. 29544 (c.i.o 19 January2007),
GoN R1279, G. 29458 (c.i.o 1 July 2007),
GoN 86, G. 30697 (c.i.o 1February 2008),
GoN R92, G. 30698 (c.i.o 1 February 2008),
GoN R93, G.30698 (c.i.o 1 February 2008),
GoN R94, G. 30698 (c.i.o 1 February2008),
GoN R1053, G. 33752 (c.i.o 12 November 2010),
GoN R1068, G. 33763(c.i.o 19 November 2010),
GoN R447, G. 34308 (c.i.o 27 May 2011),
GoNR621, G. 36761 (c.i.o 23 August 2013),
GoN R622, G. 36761 (c.i.o 23 August2013),
GoN R701, G. 37980 (c.i.o 12 September 2014),
GoN R702, G. 37980(c.i.o 12 September 2014),
GoN R906, G. 38216 (c.i.o 21 November2014),
GoN R330, G. 38708 (c.i.o 24 April 2015),
GoN R332, G. 38708 (c.i.o24 April 2015),
GoN R125, G. 38493 (c.i.o 27 May 2015 unless otherwisespecified),
GoN R584, G. 38970 (c.i.o 10 October 2015).

Under section 98 of the Mine Health and Safety Act, 1996 (Act 29 of 1996), I,Penuell Mpapa Maduna, Minister of Minerals and Energy,hereby make theregulations in the Schedule.

(Signed)

P. M. MADUNA

Minister of Minerals and Energy

SCHEDULE

ARRANGEMENT OFREGULATIONS

Chapter 1: Appointments and Administration
Chapter 2: Duties andResponsibilities
Chapter 3: Electricity
Chapter 4: Explosives
Chapter5: Fires and Explosions
Chapter 6: Health and Safety Representatives andCommittees
Chapter 7: Inspectorate of Mine Health and Safety
Chapter 8:Machinery and Equipment
Chapter 9: Mine Environmental Engineering andOccupational Hygiene
Chapter 10: Miscellaneous and GeneralProvisions
Chapter 11: Occupational Health
Chapter 12: OffshoreInstallations
Chapter 13: Outlets, Ladderways and Travelling Ways
Chapter14: Protection of the Surface and the Workings
Chapter 15: Qualifications andCompetencies
Chapter 16: Rescue, First Aid and Emergency Preparedness andResponse
Chapter 17: Surveying, Mapping and Mine Plans
Chapter 18:Tripartite Institutions
Chapter 19: Underwater Mining
Chapter 20:Definitions

Chapter 21: Forms
Chapter 22: Schedules
Chapter 23: Reporting ofAccidents and Dangerous Occurrences

[Arrangement of Regulations subs by Sch in GoN R907 in G.23586, GoN R1573 in G. 24168.]

CHAPTER 1

APPOINTMENTS AND ADMINISTRATION

[An italicisedword or phrase is defined in section 102 of the Act and such word or phrase inbold is defined in Chapter 20 of theseRegulations.]

Prescribed period for representations

1.1(1)Representations invited by the Principal Inspector of Mines ascontemplated in section 55D(1)(b) must be submitted to the PrincipalInspectorof Mines within 30 days of the date of the invitation or within such furtherperiod or periods as the Principal Inspectorof Mines may determine.

Prescribed period for payment of fine

1.2(1)A fine imposed on an employer in terms of section 55D, must be paid tothe Principal Inspector of Mines within 60 days of thedate on which the finewas imposed or within such further period or periods as the person or courtimposing the fine, may determine.

1.2(2)The date on which the fine is imposed is regarded as the date on whichnotification of the administrative fine was served onthe employer by—

(a)hand;

(b)registered post; or

(c)any other form of communication agreed to between the employer and thePrincipal Inspector of Mines.

[Chapter 1 ins by Sch of GoN R1315 in G. 19354.]

Editor Note:
Please note that regulations 2.12.1 to 2.12.12 of theregulations published under GNR 992 of 1970 are to be repealed with effect fromthe publication in the Gazette of Chapter 2 of these Regulations –See GNR 446 in Government Gazette 34308 of 27 May 2011.

CHAPTER 3
ELECTRICITY

DEFINITIONS

In these Regulations, unless the contextindicates otherwise—

“Accredited Test Laboratory” (ATL) means anorganisation that is accredited by the South African National AccreditationSystem (SANAS).

“Arc Flash” means an uncontrolledelectrical discharge through the air between conductors or between a conductorand earth. The resulting dischargeof energy can result in fire, serious damageto electrical apparatus and injury or death to aperson.

“Armouring” means a metallic covering of anelectric cable, in the form of tape, wire or tube enclosing one or moreconductors to provide adequatemechanical protection againstdamage.

“Bus-coupler” means a device, or set ofdevices, needed to facilitate the connection of two parallelcircuits.

Bus-section” means a device, or set ofdevices, that will extend a bus-bar toanother.

“Circuit” means an interconnection ofelectrical elements such as resistors, inductors, capacitors, transmissionlines, voltage sources, currentsources and switches which have a closed loopgiving a return path for the current.

“Clearance”means a minimum distance any part of a person’s body or any work tool mayencroach to any unearthed, bare conductor or to anyunearthed and unscreenedconductor.

“Collectively Screened” means having aconductive covering enclosing all power conductors as well as all controlconductors within the protective outer sheathof acable.

“Conductor” means any substance or materialwhich can transfer an electrical charge along or through it and is connected toan electrical circuit.

“Dead” means at or about zeropotential with respect to the general mass of earth and disconnected from anylive reticulation system.

“Domestic Voltage” means avoltage not exceeding 230V ± 10% alternating current phase toneutral.

“Earthed” means connected to the general massof earth in such a manner as will ensure at all times an immediate discharge ofelectrical energywithout risk.

“Electrical Apparatus”means any apparatus, machine and fitting in which conductors are used, or ofwhich they form a part.


“Electrical Single-Line Diagram” means a diagram thatshows, by means of single lines and graphic symbols, the general layout of anelectric circuit or system ofcircuits.


“Flexible cable” means a cable of which the conductorsconsist of strands of diameter not exceeding 0,51 mm and of which the insulationand coveringare such that they afford flexibility and in which the nominalcross sectional area of each conductor exceeds 4 mm2, but shall notinclude signalling cable, telephone cable, blasting cable, or flexible cord usedwith electric apparatus at a voltagenot exceeding domestic voltage alternatingcurrent on a single phase system.


“Flexible cord” means a cable of which the nominalcross sectional area of each conductor does not exceed 4 mm2 and ofwhich each conductor consists of strands of diameter not exceeding 0,31 mm.


“Hazard Classification” A system developed forcategorising electrical hazards based on the voltage and fault level ratings forelectrical components.


“High Voltage (HV)” a set of nominal voltage levels inthe range 44 kV and above to 220 kV.


“Individually Screened” means having a conductivecovering enclosing power conductors individually within the protective outersheath of a cable.


“Isolation” means disconnecting the apparatus from allpossible sources of electrical potential and locking the apparatus in such amanner sothat no energisation can take place.


“Insulated” means covered with any material that hasthe characteristic of low electrical conductivity such as to prevent anelectrical discharge.


“Live” means electrically charged.


“Lockout-tagout” (LOTO) or lock and tag is a safetyprocedure which is used to ensure that machines / switchgear and Electricalequipment are properlyisolated, de-energised and tagged.


“Low Voltage (LV)” means a set of nominal voltagelevels that are used for the distribution of electricity, the upper limit ofwhich is an a.c. voltageof 1000V or a d.c. voltage of 1 500 V.


“Medium Voltage (MV)” means a set of nominal voltagelevels above the range of 1 000 V to below 44 kV.


“Metallic Covering” means iron or steel armouring ormetal conduit surrounding two or more conductors with or without a lead or othermetallic sheathas required in terms of operational conditions.


“Moveable Electrical Apparatus” means electricalapparatus, excluding self-propelled mobile machines or portable electricalapparatus, which is not installed onpermanent foundations and is intended to bemoved from place to place.


“Overhead Power Line” means an overhead line erectedto convey electrical energy for any purpose other than communication butexcluding the overhead contactor catenary wires of an electrical tractionsystem.


“Permit to Work” is a formal, written, safe system ofwork to control potentially hazardous activities. The permit details the workundertaken andthe necessary precautions to be taken.


“Portable Electric Apparatus” means electricapparatus, which is designed to be carried by hand, and may require electricpower while being used.


“Reticulation System” means a circuit or combinationof circuits.


“Substation” means a location containing medium orhigh voltage switchgear and associated equipment for the purpose of isolation,feeding, protectingand energising electrical equipment and reticulationsystems.


“Switchgear” general term covering switching devicesand their combination with associated control, measuring, protective andregulating equipment,also assemblies of such devices and equipment withassociated interconnections, accessories, enclosures and supportingstructures.


“Trackless Mobile Machine” means any self-propelledmobile machine that is used for the purpose of performing mining, transport orassociated operations undergroundor on surface at a mine and is mobile byvirtue of its movement on wheels, skids, tracks, mechanical shoes or any otherdevice fittedto the machine, but excludes—

(a) rail bound equipment;

(b) scraper winches, mono rail installations, static winches, windingmachinery installations and any equipment attached thereto.


“Trailing Cable” means cable used to supply power toany mobile machine and movable electrical apparatus which is designed to bedragged across theground.


REGULATIONS

3.1 The employer must take reasonable practicable measures to ensurethat—

(1)the design of all electrical apparatus and electrical reticulationsystems are approved by a competent person;

(2) all electrical apparatus are under the control of a competent person;and

(3) all electrical apparatus are installed, repaired and maintained by acompetent person.

3.2 The employer must take reasonable practicable measures to ensure that noperson suffers any electrical shock, arc flash or electrocutionas a resultof—

(a) exposure to electrical current flow;

(b) a person coming into contact with live exposed parts of any electricalapparatus;

(c) exposure to electricity, arc flash, all fault currents, overvoltage andsurges;

(d) any electrical apparatus failing due to electromagnetic interferencefrom other equipment;

(e) any electrical apparatus being incorrectly designed, installed, operatedor maintained; and

(f) any exposure to blasts, fires or arc flashes resulting from electricalfaults.

3.3 The measures contemplated in regulation 3.2 must include measures toensure—

3.3.1 proper fencing off or enclosures or clearances of such electricalapparatus;

3.3.2 that an extension of any electrical reticulation system is approved bya competent person before being energised, taking intoaccount the reticulationnetwork and the effect thereon;

3.3.3 that only competent persons are permitted to energise, de-energise orisolate electrical apparatus where the operation of suchapparatus poses asignificant risk and that such apparatus are protected against unauthorisedaccess and operation;

3.3.4 that only competent persons authorised in writing by the employer todo so; carry out switching procedures on MV or HV equipment;and

3.3.5 that where the interruption of electrical supply to any equipmentcould result in a significant risk, such electrical supplycan be provided fromanother source or network, which can include an emergency supply alternator orgenerator, for power supply inthe event of an interruption to the normal powersupply.

3. 4 The employer must take reasonably practicable measures to ensure thatat any place at a mine, where electrical apparatus isinstalled and which mayconstitute a danger to persons shall be—

(a) of adequate size so as to provide safe and unobstructed clear workingspace for operating and maintenance staff;

(b) constructed and ventilated in such a manner that the apparatus is keptat a safe temperature to safeguard persons;

(c) constructed in such a manner as to provide protection where necessaryagainst the ingress of vermin and water;

(d) illuminated in such a manner as to prevent any danger to persons and toenable all equipment to be distinguished clearly andall instruments, labels andnotices to be read clearly while it is live;

(e) equipped with effective means to safely disconnect the energy source;and

(f) equipped with an effective fire extinguishing system.

3.5 The employer must take reasonably practicable measures to ensure that atevery substation there must be a legible, up to datesingle line drawing of thereticulation system, highlighting ring feeds, of which that substation is apart, displayed in a conspicuousplace. Every substation must be clearlyidentified, and its position clearly marked on such drawing.

3.6 The employer must take reasonably practicable measures to ensure thatthe area in which a substation is located is clearly demarcatedand that noticesare displayed at every point of entry to such an area. These noticesshall—

(a) prohibit access of any unauthorised person from accessing that area;

(b) set out the procedures to be followed in the event of a fire;

(c) set out the first aid treatment measures to be given to personssuffering from the effects of electric shock and burns;

(d) indicate the presence of electricity;

(e) describe measures to safely remove any person incapacitated as a resultof contact with electricity; and

(f) have available an effective means of communication.

3.7 The employer must take reasonably practicable measures to ensure thatall suspended electrical cables that could cause a firedue to faults ormechanical damage, in stopes, haulages or shafts either through damage by movingmachinery or by fall of groundare properly protected by—

(a) switchgear which is electrically supplied and commissioned withdiscrimination settings for overload and earth fault protectionto prevent afire;

(b) switchgear installed which is correctly rated to prevent a fire orexplosion;

(c) all cables in areas where a fire can occur must be fire retardant cablesor be coated with fire retardant material at areas inclose proximity withtimber; and

(d) the employer must have a procedure to be followed in the event of such afire.

3.8 The employer of every coal mine must take reasonably practicablemeasures to ensure that all new main reticulation undergroundsubstations aredesigned and located such that they vent into the return air-way.

3.9 The employer must take reasonably practicable measures to ensure thatwhere mineral oil is used as the medium for insulationor cooling of electricalapparatus, adequate precautions are in place to address any significant risk inthe event of an explosion,spillage or burning of the oil.

3.10 The employer must take reasonably practicable measures to ensure thatwhere electrical apparatus is accessible from the frontand the back, each suchapparatus are identifiable by clearly labelled and legible markings on the frontand back fixed portionsof such apparatus and on switchgear shutters.

3.11 The employer must take reasonably practicable measures to ensure thatwhere ring feeds including bus-sections and bus-couplersare accessible from thefront and the back, each such apparatus are identifiable by clearly labelled andlegible markings on thefront and back fixed portions of such apparatuses and onswitchgear shutters.

3.12 The employer must take reasonably practicable measures to ensure thatall electrical apparatus used for the distribution ofelectrical power, exceptelectrical apparatus which contains domestic voltages, are clearly marked withthe maximum voltage thatmay be present therein.

3.13 The employer must take reasonably practicable measures to ensure thatno examination, adjustment, testing, repair or other worknecessitating thedangerous approach to or the handling of electrical apparatus shall be carriedout unless such apparatus is dead:Provided that where such equipment must belive for the purpose of examination, adjustment, repair or other work it may bedone byor under the direct supervision of a competent person.

3.14 The employer must take reasonably practicable measures to ensure thatno person other than a competent person authorised inwriting by the employer todo so, enters a place where electric apparatus is installed unless all liveconductors therein are insulatedadequately or otherwise protected effectivelyagainst inadvertent contact: Provided that such authorised competent person mayincase of an emergency be assisted by a person acting under the immediatepersonal supervision of such authorised competent person.

3.15 The employer must take reasonably practicable measures to ensure thatwhen work is to be carried out on electrical apparatuswhich have been isolatedfrom all sources of electrical supply, effective precautions shall betaken—

(i) by discharging all stored electrical energy; and

(ii)testing for dead including any ring feeds by earthing such apparatusand, in the case of ring-feeds or dual supplies of power,by earthing on bothsides of the associated electrical apparatus worked on, so as to prevent anyconductor or apparatus from beingmade live while any person is workingthereon.

3.16 The employer must take reasonably practicable measures to ensure thatany accessible metallic portion of electric apparatuswhich, though not normallyforming part of an electric circuit, may inadvertently become live, is insulatedor earthed by a conductorof adequate cross-sectional area capable ofwithstanding the maximum possible earth fault current condition, so as toprevent anysignificant risk to persons for the duration that the fault currentmay be flowing in the circuit.

3.17 The employer must take reasonably practicable measures to ensure thatwhenever work is to be carried out on electrical apparatuswhich has beenisolated from all sources of supply, effective precautions shall be taken byearthing or other means to dischargeelectrically such electrical apparatus orany adjacent electrical apparatus to prevent any conductor or apparatus frombeing madelive accidentally or inadvertently while any person is workingthereon.

3.18 The employer must take reasonably practicable measures to ensure thatno metal ladder or ladder with metal reinforced stilesis used for examination,repair, or other work necessitating the dangerous approach to or work onelectrical apparatus.

3.19 The employer must take reasonably practicable measures to ensure thatany accessible metallic portion of electrical plant orapparatus which, thoughnot forming part of an electrical circuit, may accidentally become live shalleither be protected by an insulatingmaterial or shall be connected to earth bya conductor of adequate cross-section so as to prevent danger to persons.

3.20 The employer must take reasonably practicable measures to ensure thatthe cross-sectional area of any earthing conductor iscalculated to be capableof withstanding the maximum possible earth fault current condition.

3.21 The employer must take reasonably practicable measures to draw up andimplement a procedure for all energising, de-energisingand isolation of mediumor high voltage electrical apparatus.

3.22 The employer must take reasonably practicable measures to ensure thatwhere any electrical cable is buried in the ground orinstalled in such aposition that mechanical damage to it may occur, it is protected byarmouring.

3.23 The employer must take reasonably practicable measures to ensure thatall flexible cables or trailing cables may only be usedin connection with theoperation of—

(a) any self-propelled mobile machine which requires electric power tooperate such machine;

(b) movable electric apparatus; or

(c) portable electric apparatus.

3.24 The employer must take reasonably practicable measures to ensure thatany flexible cable or trailing cable used in or on a mineor works shall bescreened either individually or collectively and such screens shall be earthed:Provided that a cable used in ahazardous area shall be screenedindividually.

3.25 The employer must take reasonably practicable measures to ensure thatno flexible cable or trailing cable shall have more thanfifteen joint repairs,including sheath patches over a length of 200 metres and no joint repair orpatch shall be closer than fivemetres to an adjacent joint, repair or patch andno joint, repair or patch shall be closer than three metres to the cable plug orits terminal connection at the machine or apparatus.

3.26 The employer must take reasonably practicable measures to ensure thatany cable reel used in connection with self-propelledmobile machine shall beprovided with a device which shall interrupt the power supply to the cablebefore the complete cable is unreeledso that at least one complete turn of thecable shall remain on the reel when the interruption of the power supply hasbeen effected,unless the machine’s maximum range of travel is limited toless than that permitted by the cable on the reel for reasons otherthan thelength of the cable.

3.27 The employer must take reasonably practicable measures to ensure thatno electrical cable trench or duct is left open, uncoveredor unprotected,except when persons are working in such trench or duct or where precautions havebeen taken to prevent persons frominadvertently falling into such trench orduct.

3.28 The employer must take reasonably practicable measures to ensure thatpersons are prevented from significant risks arising frominadvertent contactwith overhead power lines by trackless mobile machines / rail bound equipment orwhile erecting or moving structuresor other objects.

3.29 The employer must take reasonably practicable measures to ensure thatpersons carrying out examinations, repairs or other workat elevated positionsin close proximity to exposed electrical apparatus are protected from liveelectrical contact.

3.30 The employer must take reasonably practicable measures to ensure thatsurface residential and commercial buildings are to bewired and protected inaccordance with South African Bureau of Standards Code of Practice SANS 10142-1,2006, “Wiring of premisesand installations not exceeding 1 kV”. Thenormative references in SANS 10142-1, 2006 are not applicable to theemployer.

3.31 The employer must take reasonably practicable measures to ensure thatthe design and construction of overhead power lines arein accordance with SouthAfrican Bureau of Standards Code of Practice SANS 10280, 1995. “Overheadpower lines for conditionsprevailing in South Africa”. The normativereferences in SANS 10280, 1995 are not applicable to the employer.

3.32 The employer must take reasonably practicable measures to ensure thatelectrical security fencing is erected and maintainedin accordance with theSouth African Bureau of Standards Code of Practice SANS 10222 : 2002, Part 3,“Electrical Security Fences(non lethal)”. The normative referencesof SANS 10222, 2002 are not applicable to the employer.

3.33 The employer must take reasonably practicable measures to ensure thatany helmet light assemblies used underground at a minecomplies with SANS 1438,2013 “Helmet light assemblies for miners”. The normative referencesof SANS 1438, 2013 are notapplicable to the employer.

3.34 The employer must take reasonably practicable measures to ensure thatany helmet light assemblies used underground are testedin accordance with therequirements of ARP 0108:2013.

3.35 The employer must take reasonably practicable measures to ensure thatthe operating voltage of any portable lamp used at a minedoes not exceed 32volts.

3.36 The employer must take reasonably practicable measures to ensure thatall electric apparatus are selected, installed, workedand maintained in such amanner as not to constitute a hazard and shall be placed and protected in such amanner that no person canbe injured by inadvertent contact with any liveportion.

3.37 The employer must take reasonably practicable measures to ensure thatall electric apparatus used in a hazardous area shallbe explosion protected andcertified as such by an inspection authority (la) certificate issued by anaccredited test laboratory.

3.38 The employer must take reasonably practicable measures to ensure thatany type and design of explosion protected apparatus shallat all times beidentified in an inspection authority (la) certificate and an identificationnumber shall be allocated to such apparatusby the accredited testlaboratory.

3.39 The employer must take reasonably practicable measures to ensure thatexplosion protected apparatus is not used at a mine unlessthe manager is inpossession of a copy of the inspection authority certificate. The identificationnumber referred to in regulation3.36 must be clearly and indelibly marked onthe apparatus or on a metal plate (other than a light metal) permanently fixedto theapparatus.

[Chapter 3 ins by GoN R332 in G. 38708.]

CHAPTER 4

EXPLOSIVES

Definitions

In this chapter, unless the context otherwise indicates—

“blasting” means the initiation of explosives for thepurposes of fragmenting of rock or ore body;

“explosive” means—

(a)a substance, or a mixture of substances, in a solid or liquid state,which is capable of producing an explosion;

(b)a pyrotechnic substance in a solid or liquid state, or a mixture of suchsubstances, designed to produce an effect by heat, light,sound, gas or smoke,or a combination of these, as the result of non-detonative self-sustainingexothermic chemical reaction, includingpyrotechnic substances which do notevolve gases;

(c)any article or device containing one or more substances contemplated inparagraph (a); or

(d)any other substance or article which the relevant Minister may from timeto time by notice in the Gazette declare to be an explosivein terms of theExplosives Act, Act 15 of 2003;


“hot holes” means shot holes which after being drilledhas an ambient temperature increase of three degrees Celsius;

“initiate” means the action or intended action of settingoff explosives;

“manufacture” means the making or processing of anyexplosive;

“misfire” means any explosives which havefailed to explode after initiation;

“misfired hole”means a shot hole or part of a shot hole in which any explosives or any portionthereof has failed to explode after initiation;

“oldexplosives” means any explosives that have been used or damaged in anyway, or have deteriorated due to exposure to water or the surroundingatmosphereor which have expired; and includes explosives recovered from misfiredholes;

“ore-body” means any natural in-situ rock thatcontains any form of mineral;

“permitted explosives”means explosives classified as such by the Chief Inspector of Explosives (asdefined in the Explosives Act, Act 15 of 2003);

“primaryblasting” means all blasting other than secondaryblasting;

“primer” means an explosive cartridge orbooster into which a detonator or detonating fuse has been inserted orconnected;

“pumpable explosive” means—

(1)a mixture of ammonium nitrate, with or without other inorganic nitrates,with combustible substances which are not, classifiedas UN Number 0082, Class1.1D; or

(2)a mixture of ammonium nitrate, with or without other organic nitrates,partially or wholly dissolved in water and with the additionof any of thefollowing—

(i)ammonium nitrate emulsions, gels and suspensions, intermediate forblasting, classified as UN Number 3375;

(ii)combustible substances which are not explosive; or

(iii)substances which control the density of the final mix, either bychemical reaction or mechanically, and the final mix is classifiedas UN Number0241, Class 1.1D;

or any form of explosive which is inserted in a hole by means ofpumping;

“secondary blasting” means blasting for thepurposes of removing obstructions, reducing rocks in size or making the workingssafe;

“shot hole” means any drill hole charged with orintended to be charged with explosives;

“sleep-overblast” means any shot hole charged with explosives but not initiatedin the same shift during which it was charged withexplosives;

“socket” means any shot hole, or part ofany shot hole, known not to be a misfired hole, which remains after having beencharged with explosivesand blasted or which, for any other reason, may besuspected of having contained explosives at any time and includes any shot hole,or part of any shot hole, from which all explosives have been extracted;

“stemming” means filling in shot holes with inertmaterial; and

“tamping” means the consolidation of stemming and blastingmaterials in a shot hole.

Security in respect of explosives

4.1(1)The employer must take reasonably practicable measures to preventpersons not authorised by the employer from—

(a)gaining access to explosives;

(b)being in possession of explosives; or

(c)removing or attempting to remove explosives from a mine.

4.1(2)Only persons authorised by the employer may—

(a)gain access to or attempt to gain access to explosives;

(b)be in possession of explosives, or

(c)remove or attempt to remove explosives from a mine.

4.1(3)Subject to regulation 4.2(2), no person may, or cause or permit anyother person to bury, hide, submerge or abandon any explosives.

Receipt, storage, issuing and transportation of explosives

4.2(1)The employer must ensure that—

(a)explosives that are not being transported or prepared for use are storedin explosive stores, silos or containers which are securelylocked or, as far asreasonably practicable, designed and located so as to facilitate the safe andsecure receipt, storage and issuingof explosives by a person referred to inregulation 4.1(2);

(b)a written procedure is prepared and implemented, after consultation withthe explosive manufacturer or supplier, to prevent personsfrom being exposed tothe significant risks associated with the receipt, storage, issuing andtransportation, inadvertent initiationand the deterioration of explosives. Thiswritten procedure referred to in this subregulation must include thefollowing—

Storage of explosives

(i)measures to ensure that every container used for the storage ofexplosives, including old explosives, is—

(a)of robust construction;

(b)provided with an effective lock and the key kept only by an authorisedperson referred to in regulation 4.1(2);

(c)clearly marked to indicate the type of explosives to be placedtherein;

(d)of a capacity determined by the employer in consultation with theexplosive manufacturer or supplier;

(e)spaced apart from any other container used for storage of explosives, ata distance determined by the employer after consultationwith the explosivemanufacturer or supplier;

(f)approved in writing for that purpose by the employer;

(ii)measures to ensure, at every mine where there is a significant risk ofold explosives being present, that adequate storage facilitiesare provided forsuch old explosives;

(iii)no person must place, or cause or permit any other person to place anyother materials or any implements or tools, in the explosivescontainers otherthan those necessary for the preparation of initiation systems or primers;and

(iv)measures to ensure that primers are kept separate from other explosivesand stored in a container complying with regulation 4.2(1)(b)(i);

Issuing of explosives

(v)measures to ensure, as far as reasonable practicable, that the explosivesthat have been ordered or issued do not exceed the explosivestorage capacity ofthe storage facility in which it is intended to store those explosives, eitherunderground or on surface; and

Transportation of explosives

(vi)measures to ensure, as far as reasonably practicable, that explosivesare only transported in vehicles, conveyances, unopenedcases or lockedcontainers approved in writing for that purpose by the employer.

4.2(2)The employer must take reasonable measures to ensure, when mineclosure is intended, or when a mine is not being worked ascontemplated insection 2(2), that the Principal Inspector of Mines and the Chief Inspector ofExplosives (as defined in the ExplosivesAct, (Act 15 of 2003)) are notified inwriting as soon as reasonably practicable, if any explosives have been leftbehind in themine, of—

(i)the type, quantities and location of such explosives; and

(ii)the measures taken to safeguard persons from any significant riskassociated with such explosives.

Destruction of explosives

4.2(3)The employer must ensure that a written procedure is prepared andimplemented, after consultation with the explosive manufactureror supplier, toensure that explosives are destroyed safely and not re-used for any purpose.Such procedure must include measuresto ensure that—

(i)only the competent person contemplated in regulation 4.4(1) destroysexplosives;

(ii)in the case of underground coal mines, explosives must be destroyed onlyon surface;

(iv)the Chief Inspector of Explosives is informed in advance if more than50kg of explosives are to be destroyed at any one time;and

[Editor Note: Numbering as per original Gazette.]

(v)no person destroys explosives on surface within a horizontal distance of150 metres of any public building, public thoroughfare,railway line, power lineor any place where people congregate or any other structure, which it may benecessary to protect in orderto prevent any significant risk,unless—

(a)a risk assessment has identified a lesser safe distance and anyrestrictions and conditions to be complied with;

(b)a copy of the risk assessment, restrictions and conditions contemplatedin paragraph (a) have been provided for approval to thePrincipal Inspector ofMines;

(c)written permission has been granted by the Principal Inspector of Mines;and

(d)any restrictions and conditions determined by the Principal Inspector ofMines are complied with.

Approved explosives and the usage of explosives at mines

4.3(1)The employer must take reasonable measures to ensure that onlyexplosives approved in writing by the employer are used at themine.

4.3(2)The employer must take reasonable measures to ensure that explosivesare used in accordance with a written procedure preparedand implemented forthat purpose by the employer, after consultation with the explosive manufactureror supplier. The written proceduremust include the following—

(a)All explosives must be used in the same sequence as they are issued;

(b)Under no circumstances must any blasting cartridge be broken or cut or awrapper round any blasting cartridge be interfered with,except when preparingthe blasting cartridge for the insertion of a detonator or detonating fuse;

(c)The only primers that must be permitted to be prepared are primers thatare required for immediate use;

(d)Where igniter cord is used, such an igniter cord must be laid as close aspracticable to the face and not on, or in contact withtimber or othercombustible material or flammable substance not forming part of the explosivescharges; and

(e)Where pumpable explosives are used, the pumpable explosives are onlysensitised at a working place where explosive charges arebeing prepared priorto the pumpable explosives being pumped into a shot hole.

4.3(3)The employer must take reasonable measures to ensure, if explosivesare manufactured at the mine, that—

(a)it is done in accordance with a written procedure prepared andimplemented for that purpose after consultation with the explosivemanufactureror supplier; and

(b)all mobile and portable explosives manufacturing units at a mine areused, inspected, serviced and maintained in accordance witha written procedureprepared and implemented for that purpose after consultation with the explosivesmanufacturer or supplier.

4.3(4)The employer must take reasonable measures to ensure that explosivepowered tools are issued, stored, used and maintained inaccordance with awritten procedure prepared and implemented for that purpose by the employerafter consultation with the manufactureror supplier of such explosive poweredtools.

4.3(5)The employer must take reasonable measures to ensure, subject toregulation 4.3(3), that only permitted explosives are usedin fiery mines.

4.3(6)The employer must take reasonable measures to ensure that a writtenprocedure is prepared and implemented after consultationwith the explosivesmanufacturer or supplier to prevent persons from being exposed to significantrisks associated with the spillageof explosives.

Primary and Secondary blasting to be performed by a competentperson

4.4(1)The employer must take reasonable measures to ensure, where primary orsecondary blasting takes place, that a competent personis appointed in writingto—

(a)exercise control over all explosives to be used for blasting at thoseworking places for which the competent person is responsible;

(b)prepare primers;

(c)examine any shot hole to be deepened to ensure it is safe to deepen;

(d)examine for and deal with misfires and sockets, in accordance with thewritten procedure prepared in terms of regulation 4.11;

(e)mark or indicate shot holes for drilling or to authorise the drilling ofshot holes marked or indicated by another person authorisedto do so by theemployer, except where the shot holes were marked or indicated by means ofelectronic software system, includingbut not limited to Global PositioningSystem or Laser, the competent person must be required to over inspect andauthorise the commencementof drilling of shot holes;

(f)exercise control over any manufacturing at the working places for whichsuch competent person is responsible for, of pourableor pumpable explosives tobe used;

(g)connect blasting rounds or circuits;

(h)charge shot holes with explosives or place explosive charges; and

(i)make safe all hot holes in terms of the written procedure contemplated inregulation 4.16(7).

Management and control over explosives

4.4(2)The employer must take reasonably practicable measures to ensure thatthe competent person referred to in regulation 4.4(1)reports to the employer,whenever explosives are delivered to the working place for which that competentperson is in charge, whetheror not the correct quantity of explosives wasdelivered.

Persons performing primary or secondary blasting may beassisted

4.4(3)The employer may appoint a competent person in writing to assist thecompetent person referred to in regulation 4.4(1) withthe followingactivities—

(a)exercising control over those explosives to be used during theperformance of the duties of the competent person referred to inregulation4.4(1) as stipulated in paragraphs (b), (c), (d) and (e) below;

(b)the preparation of primers;

(c)the charging of shot holes with or the placing of explosive charges;

(d)the connecting of blasting rounds or circuits; and

(e)the handling and transport of explosives, initiation systems andaccessories.

Certification of initiation apparatus and blastingsystems

4.5(1)The employer must take reasonable measures to ensure that whereinitiation of explosives charges takes place by means of electricity—

(a)apparatus used for the initiation of electronic detonators complies withSANS 1717-1 (2006) ‘The design and approval ofEED initiation systems foruse in mining and civil blasting’ and SANS 551 (2010) ‘Detonators,relays and initiating devicesfor commercial applications’;

(b)apparatus used for the initiation of electric detonators complies withSANS 1717-2 (2006) ‘The design and approval of EEDinitiation systems foruse in mining and civil blasting’ Part 2 “Electric Initiation System- Shot Exploder Based ofSANS 1717’;

(c)apparatus used for the initiation of detonators by means of a controlledblasting system complies with SANS 1717-3 (2007) “Thedesign and approvalof detonator initiation systems for use in mining and civil blasting Part 3Controlled Blasting System”;

(d)every shot exploder, initiator or electronic delay detonator system istested and certified by a test laboratory accredited forthis purpose by thegovernment endorsed national accreditation body as contemplated in ARP 1717(2010) “Guide to the regulatoryrequirements for the approval ofdetonators, initiators and initiation systems used in mining and civil blastingapplications”;

(e)every inherently safe apparatus used for the testing of a circuitcontaining an electric detonator, electric or electronic initiatorelectronicdelay detonator or a similar device is tested and certified for that purpose bya test laboratory accredited for thispurpose by the government endorsednational accreditation body approved by the approving authority as contemplatedin ARP 1717; and

(f)the shot-firing apparatus is maintained in an efficient and safe workingorder. Each shot-exploder must be provided with a removableoperating handle orkey or with a locking arrangement to secure it against unauthorised use and mustbe marked with a serial number,and a record must be kept of all examinationsand tests carried out on it.

4.5(2)The normative reference in the SANS standards in regulation 4.5(1)above are not applicable to the employer.

Precautionary measuresbefore initiating explosive charges

4.6(1)The employer of every underground coal mine must take reasonablemeasures to ensure that the competent person referred to inregulation 4.4(1)does not initiate explosive charges in an underground coal mine unlessthe—

(a)coal to be blasted has two free faces;

(b)end of the shot hole is at least 150 millimetres short of the back of thecut providing the second of the two free faces; and

(c)portion of the shot hole between the explosive charge and the collar iscompletely filled with stemming and tamped, in accordancewith regulation4.14.

4.6(2)The employer of every underground coal mine must take reasonablemeasures to ensure that the competent person referred to inregulation 4.4(1)does not fire an explosive charge in an underground coal mine where the placewhere the explosive charge is tobe fired is dry and dusty,unless—

(a)a permitted explosive is used; and

(b)the place of firing and all contiguous accessible place(s) within aradius of 20 metres from it at the time of firing have beenwetted throughwatering or have been given effective treatment with incombustible dust, in allparts where dust is lodged, whetherroof, floor or side.

4.6(3)The employer of every underground mine must take reasonable measuresto ensure that—

(a)explosives are not brought to the working place where blasting is to becarried out unless the—

(i)drilling of shot holes have been completed;

(ii)shot holes are ready to be charged with explosives;

(iii)quantity of explosives do not exceed the estimated required quantity tobe used for the blast;

(b)the competent person referred to in regulation 4.4(1) does not initiateany explosive charge unless—

(i)the shot hole between the explosive charge and the collar is completelyfilled with stemming material and tamped;

(ii)all persons have been removed from the working place where explosivecharges are to be initiated;

(iii)all entrances to the working place(s) where explosive charges are to beinitiated, or to places where the safety of person(s)may be endangered by suchinitiation, are effectively guarded so as to prevent inadvertent access to suchplace(s) while such explosivecharges are being initiated;

(iv)such competent person, gives or causes to be given due warning in everydirection and is satisfied that no person remains wherethey might be exposed todanger from the initiating of such explosive charges.

4.6(4)The employer of every underground mine must take reasonable measuresto ensure that the competent person referred to in regulation4.4(1) or anyperson authorised to do so by the employer does not initiate an explosive chargein any underground mine where a centralisedblasting system is being used,unless all persons who may be endangered by such initiation of explosive chargeshave been moved toa safe area.

4.6(5)The employer of every surface mine must take reasonable measures toensure that—

(a)no person remains or approaches, or is caused or permitted to remain orapproach, within 15 metres of any shot hole being chargedwith explosives,unless such person is assisting in the charging up of shot holes withexplosives;

(b)except with the written permission of the Principal Inspector of Minesexplosives are not brought to the working place where blastingis to be carriedout until the shot holes are ready to be charged with explosives and thequantity of explosives brought to the workingplace do not exceed the estimatedrequired quantity;

(c)before the initiation of explosive charges, an adequate number of guardsare stationed at a safe distance determined by a riskassessment to preventpersons accessing the blasting area and that the guards remain at the safedistance until the initiation ofexplosive charges is completed and the guardsare recalled by the competent person referred to in regulation 4.4(1); and

(d)at least three minutes before an explosive charge is initiated, thecompetent person referred to in regulation 4.4(1) gives duewarning of theinitiation of explosive charges.

4.7The employer must take reasonable measures to ensure that when blastingtakes place, air and ground vibrations, shock waves andfly material are limitedto such an extent and at such a distance from any building, public thoroughfare,railway, power line orany place where persons congregate to ensure that thereis no significant risk to the health or safety of persons.

4.8The employer must take reasonable measures to ensure that the stemming ortamping is not withdrawn from a shot hole that has beencharged with explosivesexcept when dealing with misfired holes in accordance with the provisions ofregulation 4.11(5).

Precautions after charges have beeninitiated

4.9The employer must take reasonable measures to ensure that after explosivecharges have been initiated or misfired holes have beenre-initiated, thecompetent person referred to in regulation 4.4(1) does not approach, or causesor permits any other person to approach,within the range of the explodingcharges until such competent person is satisfied that all the explosive chargeshave exploded oruntil a period of 30 minutes has expired, after the initiationof the charges.

Precautions when initiating by means ofelectricity

4.10(1)The employer must take reasonable measures to ensure that, whereinitiating takes place by means of electricity, the competentperson referred toin regulation 4.4(1), after such competent person has connected the blastingcable to the detonator wires of anyexplosive charge or charges and before suchexplosive charge or charges have been initiated, does not—

(a)remain or approach, or cause or permit any other person to remain orapproach, within a distance where such person may be endangeredby theinitiating of such explosive charges, except for the purpose of examining theblasting circuit; and

(b)examine the blasting circuit, or cause or permit the blasting circuit tobe examined, unless both leads are disconnected fromany source of electricity,whether for initiating explosive charges or testing the blastingcircuit;

4.10(2)The employer must, where initiation takes place by means ofelectricity, take reasonable measures to ensure that the competentpersonreferred to in regulation 4.4(1)—

(a)only uses a blasting cable provided for that purpose and which is in goodorder and of sufficient length to ensure that the blastingcable cannot comeinto contact with any other cable or electrical apparatus;

(b)secures the initiating device of the blast in an adequate and reasonablemanner so as to prevent unauthorised access or use ofthe blasting system;

(c)connects the blasting cable to the detonator wires of any explosivecharge or charges or to the wires of the initiator or similardevice only aftercompleting all blasting precautions, other than those referred to in paragraphs(d), (e) and (g) of this regulation;

(d)does not apply any electrical test to the blasting circuit except throughthe blasting cable and from a place of safety;

(e)does not connect the blasting cable to the terminals of the initiatingdevice until immediately before initiation of explosivecharges or attempting toinitiate the explosive charges;

(f)except in the case of a remotely operated centralised electric blastingsystem, immediately after initiating or attempting toinitiate the explosivecharges, disconnects both leads of the blasting cable from the initiating deviceand then—

(i)removes the operating handle or key of the initiating device; or

(ii)secures the locking arrangement of the initiating device and removes thekey;

(g)in the case of a remotely operated centralised electric blasting system,does not connect the blasting cable to the terminalsof the blasting box untilimmediately before leaving such competent person’s working place at theend of the shift; and

(h)in the case of a remotely operated centralised electric blasting system,disconnects immediately at the commencement of the shiftany blasting cable fromthe terminals of the blasting box;

4.10(3)The employer must take reasonable measures to ensure that, after theexplosive charges have been initiated by means of electricity,the competentperson referred to in regulation 4.4(1)—

(a)carefully examines for misfired holes where the charges have beeninitiated, before permitting any person to work there;

(b)instructs any person engaged in clearing the broken rock, mineral orground to report immediately to such competent person thefinding of any wiresthat may lead to a misfired hole; and

(c)carefully traces any such wires to determine whether or not a misfiredhole has occurred;

4.10(4)The employer must take reasonably practicable measures to ensure thatwhere the initiation of explosives takes place by meansof electricity and wherethere is a risk of an explosive charge being initiated by lightning, operationsin connection with the preparationor initiation of explosive charges are notstarted or continued on the approach of or during a thunderstorm and that noperson remains,or is caused or permitted by any other person to remain, withinan area where any person may be injured by the accidental initiationofexplosives.

Precautions for misfires, sockets and oldexplosives

4.11The employer must take reasonable measures to ensure that a writtenprocedure is prepared and implemented, after consultationwith the explosivemanufacturer or supplier, to prevent persons from being exposed to thesignificant risk associated with misfires,sockets and old explosives. Suchprocedure must include measures to ensure that—

4.11(1)no person gains inadvertent access to any misfired hole which is notimmediately dealt with, and which measures should includeclearly marking themisfired hole or barricading it off and requiring reporting of the misfired holeto all subsequent shifts, atthe start of each such shift, until the misfiredhole has been dealt with;

4.11(2)in any shaft in the course of being sunk, in addition to therequirements of regulation 4.9—

(a)the competent person referred to in regulation 4.4(1) makes a sketchshowing the position of every misfired hole and sockets;

(b)every sketch referred to in regulation 4.11(2) is kept at the mine for aperiod of at least seven days unless directed otherwisein writing by thePrincipal Inspector of Mines; and

(c)the washing or blowing over and the preparation of the sketch required interms of regulation 4.11(2) is done at least once aday under the immediatesupervision of the person authorised to do so by the employer, and that thisauthorised person ensures thatthe washing or blowing over has been effectivelydone and the sketch properly prepared by means of personal inspection;

4.11(3)explosives are only extracted from any misfired hole by a meansdetermined for this purpose after consultation with the explosivesmanufactureror supplier;

4.11(4)the person extracting explosives from a misfired hole—

(a)ensures as far as reasonably practicable that all the explosives in themisfired hole are extracted; and

(b)recovers all explosives that have been extracted from the misfiredhole;

4.11(5)no person removes or causes any other person to remove the plugs thatare used to plug sockets or misfired holes unless suchplugs are removed by thecompetent person referred to in regulation 4.4(1) for the purpose of inspectionor are removed at the endof the shift prior the initiating of explosivecharges;

4.11(6)in all surface mines the competent person referred to in regulation4.4(1)—

(a)re-initiates the misfired hole; or

(b)drills or causes to be drilled in the presence of such competent person,a relieving hole not less than 150 millimetres deeperthan the misfired hole andwhich relieving hole is parallel to and not nearer than one metre to themisfired hole and that such competentperson charges and initiates thisrelieving shot hole and recovers the explosives liberated from the misfiredhole; or

(c)extracts the explosives from the misfired hole in accordance with theprovisions of regulation 4.11(3);

4.11(7)in underground mines, except underground coal mines, the competentperson referred to in regulation 4.4(1)—

(a)examines every socket and misfired hole to ascertain its depth, directionand whether it contains any explosives, by a means determinedby the employerafter consultation with the explosives manufacturer or supplier; and

(b)extracts explosives from the misfired hole in accordance with theprovisions of regulation 4.11(3) and plugs the socket with aplug supplied forthat purpose by the employer; or

(c)re-primes and blasts; or

(d)charges up the misfired holes with explosives and initiates the explosivecharges; or

(e)blasts the misfires at the end of the shift;

4.11(8)in underground coal mines the competent person referred to inregulation 4.4(1)—

(a)where a misfired hole is in stone, extracts the explosives from themisfired hole in accordance with the provisions of regulation4.11(3) andcharges up the misfired holes with explosives and blasts the misfires before orat the end of the shift;

(b)where a misfired hole is in a coal, drills or causes to be drilled in thepresence of such competent person, a relieving shothole parallel to and notnearer than 300 millimetres to the misfired hole and that such competent personcharges and initiates theexplosives charge contained in the relieving shot holebefore or at the end of the shift.

Precautionary measures for marking,drilling and blasting

4.12The employer must take reasonable measures to ensure that a writtenprocedure is prepared and implemented, after consultationwith the explosivemanufacturer or supplier, to prevent persons from being exposed to thesignificant risk associated with marking,drilling and blasting of shot holes.Such procedure must include measures to ensure that—

4.12(1)in underground mines—

(a)before the competent person referred to in regulation 4.4(1) points outor marks any shot hole for drilling, such competent person—

(i)removes or causes to be removed all loose or loosened rock, mineral orground to a safe distance from the shot hole determinedby a risk assessment;and

(ii)searches for any misfired hole or socket within a distance of at leasttwo metres from the proposed position or mark.

(b)no person drills or causes or permits to be drilled any shothole—

(i)unless the competent person referred to in regulation 4.4(1) has clearlymarked the position and direction of the shot hole withpaint or other suitablyvisible material, or, if such marking is impracticable, has pointed out theexact position and directionof the shot hole;

(ii)unless it is placed more than 150 millimetres from any socket and isdrilled in such a direction that it will nowhere come nearerthan 150millimetres from any socket;

(iii)unless it is placed more than two metres from any misfire and isdrilled in such a direction that it will nowhere come nearerthan two metresfrom any misfired hole; and

(iv)if it deviates from the position and direction indicated as contemplatedin paragraph (i) above;

(c)no person drills or causes or permits to be drilled any shot hole in anyshaft, drive, crosscut, winze, raise, bord, stall orother similar confinedspace underground where there is known to be a misfired hole until the misfiredhole has been dealt with inaccordance with the provisions of regulation4.11(3);

(d)no person deepens or causes or permits any other person to deepen anyhole which has been left standing or which is not completedat the end of ashift, unless—

(i)it has not been charged with explosives and it has been clearly describedby the competent person referred to in regulation 4.4(1)in charge of the shiftleaving work to the competent person referred to in regulation 4.4(1) in chargeof the shift about to commence;or

(ii)the competent person referred to in regulation 4.4(1) examines such holeand finds it not to contain any explosives, or causesthis to be done;

4.12(2)in surface mines—

(a)before any competent person referred to in regulation 4.4(1) points outor marks any shot hole for drilling or authorises anyother person to point outor mark the position and direction of any shot hole for drilling, such competentperson searches for anymisfired hole or socket within a distance of at leasttwo metres from the proposed position or mark;

(b)no person drills or causes or permits to be drilled any shot hole in anysurface mine where there is known to be a misfired holeunless the shot hole isso drilled that it will nowhere come nearer than two metres to the misfired holeor unless the misfired holehas been dealt with in accordance with theprovisions of regulation 4.11(3);

(c)no person drills or causes or permits to be drilled any shot hole,unless—

(i)it is placed more than 150 millimetres from any socket and is drilled insuch a direction that it will nowhere come nearer than150 millimetres to anysocket;

(ii)it is a shot hole that deviated from the position and directionindicated in paragraph (a) above; and

(iii)no person deepens or causes or permits any other person to deepen anyshot hole that has been left standing or which has notbeen completed at the endof a shift, unless it has not been charged with explosives and has been clearlydescribed by the competentperson referred to in regulation 4.4(1) in charge ofthe shift leaving work to the competent person referred to in regulation 4.4(1)in charge of the shift about to commence.

Prevention of flammable gasand coal dust explosions

4.13The employer of every underground mine must take reasonable measures toensure that—

4.13(1)a blow out, ignition of flammable gas or initiation of a coal dustexplosion does not occur due to the design and positioningof the shot holes ordue to the type of explosives that are used;

4.13(2)initiating devices or systems used in blasting operations aredesigned not to cause a methane or coal dust explosion;

4.13(3)testing for flammable gas is done in accordance with a writtenprocedure prepared and implemented for this purpose; and

4.13(4)no explosives are initiated where flammable gas or coal dust may bepresent in sufficient quantities to cause a flammablegas or coal dust explosionor to cause flammable gas to burn.

Shot holes to be stemmed andtamped

4.14The employer must take reasonable measures to ensure that—

4.14(1)tamping of each shot hole is of a minimum length of 0.4m or a thirdof the length of the shot hole, whichever is the greater,to a maximum lengthequal to the burden used in the blast pattern; and

4.14(2)no explosives contained in a shot hole are initiated unless theportion of the shot hole between the explosives and the collaris stemmed andtamped by means of a material determined for that purpose by the employer afterconsultation with explosive manufactureor supplier.


Amount or mass of explosives in a shot hole

4.15The employer must take reasonably practicable measures to ensure thatthe maximum amount or mass of explosives used per shothole is according to themanufacturer’s or supplier’s recommendations.

Generalprecautions

4.16The employer must take reasonable measures to ensure that—

4.16(1)in any mine other than a coal mine, no explosive charges areinitiated during the shift unless—

(a)such explosive charges are necessary for the purpose of secondaryblasting or re-initiating the misfired holes in developmentfaces;

(b)written permission for such initiation has been granted by a personauthorised to do so by the employer; and

(c)reasonable precautions have been taken to prevent, as far as possible,any person from being exposed to smoke or fumes from suchinitiation ofexplosive charges;

4.16(2)no blasting operations are carried out within a horizontal distanceof 500 metres of any public building, public thoroughfare,railway line, powerline, any place where people congregate or any other structure, which it may benecessary to protect in orderto prevent any significant risk,unless—

(a)a risk assessment has identified a lesser safe distance and anyrestrictions and conditions to be complied with;

(b)a copy of the risk assessment, restrictions and conditions contemplated,in paragraph (a) have been provided for approval to thePrincipal Inspector ofMines;

(c)shot holes written permission has been granted by the Principal Inspectorof Mines; and

(d)any restrictions and conditions determined by the Principal inspector ofMines are complied with.

4.16(3)no person smokes, lights a fire or brings a naked light or flame,within a distance of 10 metres of where explosives are beingloaded,transported, off loaded, handled or explosive charges are being prepared;

4.16(4)in any mine blasting take place only at a time determined in writingby the employer;

4.16(5)in surface mines, a written procedure is prepared and implemented,after consultation with the explosive manufacturer or supplier,to preventpersons from being exposed to the significant risks associated with hot holes.Such procedure must include—

(a)where there is a significant risk of hot holes occurring, that thecompetent person referred to in regulation 4.4(1) measuresthe temperature ofthe [sic]; and

(b)that the temperatures of the shot holes are measured at any pointthroughout the length of the shot hole and recorded prior andduring charging upoperations.

4.16(6)a written procedure is prepared and implemented after consultationwith explosives manufacturer or supplier to ensure thatsleep-over blasts arecarried out safely;

4.16(7)a written procedure is prepared and implemented, after consultationwith the explosive manufacturer or supplier, to preventpersons from beingexposed to significant risks associated with secondary blasting. The writtenprocedure must include measures toensure that—

(a)all persons are moved to a safe area prior to secondary blasting takingplace;

(b)guards are placed at all entrances at a safe distance determined by arisk assessment, to the area where secondary blasting isto take place; and

(c)written permission from a person authorised by the employer to do so, isgranted before secondary blasting is carried out;

4.16(8)the competent person referred to in regulation 4.4(1)—

(a)takes all reasonable precautions to safeguard every person assisting suchcompetent person in the preparation of explosive chargesagainst anaccident;

(b)only charges shot holes with explosives within a reasonable time ofinitiation and after all persons not required to assist inthe charging havebeen removed to a safe distance determined by risk assessment;

(c)charges only the shot holes or prepare only the explosive charges thatare intended to be initiated at the next blast and, whileexplosives charges areawaiting initiation, ensures that they are not interfered with;

(d)except as may be necessary to re-initiate a misfired hole, does notinsert more than one detonator into an explosive charge, providedthat in wetworkings two detonators may be used only if they are both inserted into the samecartridge and securely fastened to it;

(e)only uses a means, appliance or material supplied by the employer for thepurpose of initiating of explosive charges or testingof a blasting circuit;and

(f)before any charge is initiated, takes adequate measures to prevent injuryto persons or damage to property caused by blastingoperations.

4.17No person—

4.17(1)may drill or blast any shot hole in a subterranean tunnel intended tobe used for purposes other than extracting minerals,unless—

(a)a risk assessment has identified a lesser safe distance and anyrestrictions and conditions to be complied with;

(b)a copy of the risk assessment, restrictions and conditions contemplated,in paragraph (a) have been provided for approval to thePrincipal Inspector ofMines;

(c)written permission has been granted by the Principal Inspector of Mines;and

(d)any restrictions and conditions determined by the Principal Inspector ofMines are complied with;

4.17(2)may smoke, light a fire or bring a naked light or flame, within adistance of 10 metres of where explosives are being loaded,transported, offloaded, handled or explosive charges are being prepared;

4.17(3)who is engaged in handling explosives or who is travelling on avehicle on which explosives are being transported may carrymatches or any othermeans of producing a flame or a spark;

4.17(4)warned of the initiation of explosive charges as contemplated inregulation 4.6(5)(d) may remain in or enter the unsafe areasurrounding theplace where the initiation of explosives is to take place;

4.18Every person must report, in a manner prescribed by the employer,without delay any case of gassing, however slight, to ensurethat such casereceives prompt medical attention.

[Chapter 4 ins by GoN R1279 in G. 29458; subs by GoN R584 inG. 38970.]

CHAPTER 5

FIRES AND EXPLOSIONS

Report to Employer

5.1(1)The employer must ensure that a competent person reports to theemployer, at appropriate intervals determined in accordancewith themine’s risk assessment, on—

(a)the effectiveness of the precautionary measures taken to prevent orsuppress explosions of coal dust or flammable gas; and

(b)the adequacy of measures in place to prevent, detect and combat the startand spread of mine fires.


[Reference is made to the following Guidelines issued by the ChiefInspector of Mines in terms of section 9(2) of this Act

(i)Guideline for the Compilation of a Mandatory Code of Practice for thePrevention of Coal Dust and Flammable Gas Explosions: Ref.:DME 16/3/2/1-A1

(ii)Guideline for the Compilation of a Mandatory Code of Practice for thePrevention of Flammable Gas Explosions in Mines Other thanCoal DME16/3/2/1-A2]

[Reg 5.1(1) ins by Sch of GoN R904 in G. 23583.]

5.1(2)Where at any area at a mine, a fire could pose a significant risk tothe health and safety of persons, the employer must takereasonable measures toensure that flammable liquids, gases and materials in use, are transported,stored, deposited, used and disposedof in such a way as to prevent the startingor spreading of a fire.

[Reg 5.1(2) ins by Sch in GoN R1237 in G. 25404.]

5.1(3)The employer at any mine at which a fire occurs must, as soon aspracticable, notify the employer of any other mine at whichthe spread of suchfire could constitute a hazard should such fire not be immediatelyextinguishable, of the existence of that fire

[Reg 5.1(3) ins by Sch in GoN R1237 in G. 25404.]

5.1(4)The employer must take reasonably practicable measures to ensure thatany coal, coal debris or bituminous rock is depositedso that it does not pose asignificant risk to the health or safety of any person.

[Reg 5.1(4) ins by Sch in GoN R1237 in G. 25404.]

5.1(5)The employer, at any mine where the risk assessment indicates a riskof the presence of flammable gas, must ensure- that allflammable gas measuringinstruments and flammable gas warning devices used at the mine for the detectionof methane or hydrogen ora mixture of both, comply with the South AfricanNational Standard Specification SANS 151 5-1 : 2006, Edition 2.1 “Gasmeasuringequipment primarily for use in mines: Part 1: Battery operatedportable, flammable gas measuring instruments and warning devices”.

[Reg 5.1(5) ins by GoN R92 in G. 30698.]

5.1(6)Annex A: “Assessment of Compliance with this part of theSpecification” contained in South African National StandardSpecificationSANS 1515-1:2006, Edition 2.1 shall, for the purpose of regulation 5.1(5), bedeemed to be normative.

[Reg 5.1(6) ins by GoN R92 in G. 30698.]

CHAPTER 6

HEALTH AND SAFETY REPRESENTATIVES ANDCOMMITTEES

[An italicised word or phrase is defined in section 102 ofthis Act and such word or phrase in bold is defined in Chapter 20 ofthese Regulations.]
[Unless otherwise indicated all references to sectionsare references to sections of this Act.]

Prescribed period for negotiations and consultations

6.1(1)The owner of a mine required to enter into negotiations in terms ofsections 26(1) and 33(1), must commence negotiations withinone month of theobligation to do so arising.

[6.1(1) The obligation to negotiate arises when there is arepresentative trade union at a mine and when there are 20 or more, or100 ormore, employees at the mine in the case of sections 26(1) and 33(1), as the casemay be.]

[6.1(1) In terms of section 33(8) the negotiations andconsultations contemplated in section 26(1) and 33(1) may be held at the sametime.]

6.1(2)The manager of a mine required to enter into consultations in terms ofsection 26(6) or (7) and 33(6) or (7), must commenceconsultations within onemonth of the obligations to do so arising.

6.1(3)If no collective agreement is concluded on the number of full-timehealth and safety representatives within three months ofnegotiations commencingin terms of regulation 6.1 (1), any party to a dispute in terms of section26(8)(a) may refer the disputeto the Commission.

6.1(4)If no agreement is concluded on the number of full-time health andsafety representatives within three months of consultationscommencing in termsof regulation 6.1(2), any party to a dispute in terms of section 26(8)(b) mayrefer the dispute to the Commission.

Application of regulations

6.2If a collective agreement dealing with the election of health and safetyrepresentatives, full-time health and safety representativesor employeerepresentatives on health and safety committees is concluded in terms of Chapter3 of this Act, the regulations in thisChapter dealing with such election do notapply.

[6.2-Section 33(4) authorises this regulation.]

Establishment of election committee

6.3(1)The manager must establish an election committee.

6.3(2)The election committee—

(a)must include an appropriate number of employee representatives; and

(b)may include a number of management representatives.

6.3(3)If the election committee includes management representatives, theirnumber must be equal to or less than the number of employeerepresentatives.

6.3(4)The employee representatives on the election committee must beappointed—

(a)by the representative trade union at the mine;

(b)if there is no representative trade union at the mine, by the registeredtrade unions with members at the mine; or

(c)if there is no registered trade union with members at the mine, by theemployees at the mine.

Duties of election committee

6.4The election committee must—

(a)determine fair and reasonable procedures for the nomination and electionof health and safety representatives;

(b)ensure that elections are conducted in terms of such procedures;

(c)appoint an election officer and one or more counting officers for eachelection; and

(d)after consulting the manager, determine the date, time and place of eachelection.

Duties of manager

6.5(1)The manager must—

(a)as far as practicable, ensure that every employee is made familiar withthe nomination and election procedures;

(b)give reasonable and understandable notice to the employees of the date,time and place of each election;

(c)provide the facilities and assistance reasonably necessary for theelection committee to perform its functions;

(d)provide the facilities reasonably necessary for—

(i)the election of health and safety representatives; and

(ii)the appointment of employee representatives on any health and safetycommittee; and

(e)provide reasonable time off from work, without loss of remuneration, foremployees to participate in the elections of health andsafetyrepresentatives.

6.5(2)The Chief Inspector may issue guidelines regarding the facilities andassistance to be provided in terms of regulation 6.5(1).

Nomination of health and safety representatives

6.6(1)Every candidate for election as a health and safety representative fora shift and designated working place, must be nominatedfor election by anemployee who works on the same shift at the designated working place.

[6.6(1)-Section 28(1) prescribes the qualifications of healthand safety representatives.]

6.6(2)Every candidate for election as full-time health and safetyrepresentative for a mine must be nominated for election by anemployee.

[6.6(2)-Section 28(2) prescribes the qualifications offull-time health and safety representatives.]

Procedures for the election of health and safety representatives

6.7(1)

(a)If only one candidate is nominated for election as a health and safetyrepresentative for a shift at a designated working place,the election officermust declare the candidate elected.

(b)If two or more candidates are nominated for election as a health andsafety representative for a shift at a designated workingplace, the electionofficer must hold an election.

6.7(2)Every election for a health and safety representative—

(a)must be under the control of the election officer; and

(b)is only valid if 50% or more of the employees who work on the same shiftat the designated working place concerned vote in theelection.

6.7(3)

(a)If less than 50% of the employees who work on the same shift at thedesignated working place concerned vote in an election, theelection officermust, after consulting the manager, determine a date, time and place for asubsequent election.

(b)Regulation 6.7(2)(b) does not apply to such subsequent election.

6.7(4)Every employee on a shift at a designated working place has one votein the election of every health and safety representativefor that shift anddesignated working place.

6.7(5)The counting officers must, under the supervision of the electionofficer, count all valid votes.

6.7(6)The election officer must announce the results of the count to theemployees concerned.

6.7(7)If an election for an alternate health and safety representative isheld, it must be conducted in the same manner as an electionfor a health andsafety representative.

Procedures for the election of full-time health and safetyrepresentatives

6.8(1)If the number of candidates nominated for election as full-time healthand safety representatives at a mine is—

(a)not more than the number that must be elected, the election officer mustdeclare the candidates elected; or

(b)more than the number that must be elected, the election officer must holdand [sic] election.

6.8(2)Every election for a full-time health and safetyrepresentative—

(a)must be under the control of the election officer; and

(b)is only valid if 50% or more of the employees vote in the election.

6.8(3)

(a)If less than 50% of the employees vote in an election, the electionofficer must after consulting the manager, determine a date,time and place fora subsequent election.

(b)Regulation 6.8(2)(b) does not apply to the subsequent election.

6.8(4)Every employee has one vote in the election of every full-time healthand safety representative.

6.8(5)The counting officers must, under the supervision of the electionofficer, count all valid votes.

6.8(6)The election officer must announce the results of the count to theemployees.

Appointment of health and safety representatives

6.9The manager must—

(a)within seven days of election, appoint in writing every employee electedas a health and safety representative;

(b)provide every health and safety representative with suitable means ofidentification as a health and safety representative; and

(c)prominently and conspicuously display the photograph and name of thehealth and safety representative at an appropriate placeat the mine.

Appointment of employee representatives on health and safetycommittee

6.10Every employee representative on a health and safety committee at a minemust be appointed by a majority of the health and safetyrepresentatives at themine.

[6.10-Section 34(4) requires the employee representatives onhealth and safety committees to be appointed by the health and safetyrepresentatives.]

Period of office

6.11(1)The period of office of any health and safety representative oremployee representative on a health and safety committee isthree years.

6.11(2)Despite regulation 6.11(1) the health and safety committee maydetermine shorter periods of office for—

(a)health and safety representatives;

(b)full-time health and safety representatives; and

(c)employee representatives on a health and safety committee.

6.11(3)Every health and safety representative and employee representative ona health and safety committee may be reappointed inaccordance with theprovisions of these Regulations after the expiry of their periods of office.

Vacation of office and filling of vacancies

6.12(1)A health and safety representative must vacate office on expiry ofthat representative’s period of office or if—

(a)the representative—

(i)no longer satisfies the qualifications contemplated in section 28(1);or

(ii)resigns as a health and safety representative; or

(b)so required in writing on the grounds that the representative has notproperly performed the functions of a health and safetyrepresentativeby—

(i)at least 50% of the employee representatives on the health and safetycommittee; or

(ii)at least 50% of the employees who work on the same shift at thedesignated working place as the health and safety representative.

6.12(2)A full-time health and safety representative must vacate office onexpiry of that representative’s period of officeor if—

(a)the representative—

(i)no longer satisfies the qualifications contemplated in section 28(2);or

(ii)resigns as full-time health and safety representative; or

(b)so required in writing on the grounds that the representative has notproperly performed the functions of a full-time health andsafety representativeby—

(i)at least 50% of the employee representatives on the health and safetycommittee; or

(ii)at least 50% of the employees.

6.12(3)The manager must within seven days from the time when a health andsafety representative must vacate office in terms of regulation6.12(1) or (2),terminate the health and safety representative’s appointment and inwriting notify the health and safety representativeof it.

6.12(4)A vacancy contemplated in regulation 6.12(1) or (2) must be filled bya health and safety representative elected in a by-electionheld in terms ofregulation 6.7 or 6.8, as the case may be.

6.12(5)An employee representative on a health and safety committee mustvacate office on the committee on expiry of such representative’speriodof office of it [sic] that representative—

(a)is removed from office by a majority vote of employee representatives onthe health and safety committee on grounds that the representativehas notproperly performed the functions of an employee representative on the health andsafety committee; or

(b)resigns as employee representative on the health and safetycommittee.

6.12(6)A vacancy contemplated in regulation 6.12(5) must be filled by anemployee appointed in terms of regulation 6.10.

[Chapter 6 subs by reg 2 of GoN R846 in G. 18078.]

CHAPTER 7

INSPECTORATE OF MINE HEALTH AND SAFETY

Qualifications of inspectors

7.1An officer must comply with the appointment requirements of the PersonnelAdministration Standard for the Occupational Class: Inspector: Mines or theOccupational Class: Inspector: Mining Machinery approved by the Public ServiceCommission read in conjunctionwith Public Service Staff Code K.II/I to beappointed as an inspector on the establishment of the Mine Health and SafetyInspectorate.

Authorisation certificate

7.2(1)

(a)The Chief Inspector must issue each inspector appointed in terms ofsection 49(1) with a certificate DME 34 signed by the ChiefInspector.

(b)The certificate which must include the names, identification number and aphotograph of the inspector, must indicate—

(i)the position in which the inspector is employed; and

(ii)that the inspector may, in terms of section 50(1), enter any mine forthe purposes of monitoring or enforcing compliance withthis Act.

[7.2(1)-Section 49(2) requires the Chief Inspector to issue aprescribed certificate to each inspector.]

7.2(2)

(a)The Chief Inspector must issue each person authorised under section49(4)(b) with a letter of authorisation and a certificateDME 35 signed by theChief Inspector.

(b)The letter of authorisation must include—

(i)the names of the person;

(ii)the functions to be performed by the person;

(iii)the area in which the functions will be performed; and

(iv)the period for which the person is authorised.

(c)The certificate, which must include the names, identification number anda photograph of the authorised person, must indicatethat the person—

(i)is appointed to perform the functions of an inspector as indicated in theletter of authorisation; and

(ii)may, in terms of section 50, enter any mine to perform suchfunctions.

[7.2(2)-Section 49(5) requires the Chief Inspector to issue aprescribed certificate to each person authorised to perform the functionsof aninspector.]

7.2(3)Every inspector appointed or person authorised under section 49(1) or49(4) as the case may be, must at all times when entering,or performing anyfunction at any mine—

(a)carry on their person, certificates DME 34 or 35 and the letter ofauthorisation issued in terms of regulation 7.2(2), as thecase may be; and

(b)must show such certificate and letter to the manager of the mine or theperson in charge of any working place at the mine, ifrequested to do so.

7.2(4)

(a)Despite regulations 7.2(1) to (3) the Principal Inspector of Mines mayissue a letter, signed by the Principal Inspector of Minesto any inspectorappointed or person authorised under section 49(1) or 49(4), as the case may be,who for any reason is not in possessionof a certificate DME 34 or 35.

(b)The letter issued under regulation 7.2(4)(a) must include the names ofthe inspector or person and the official stamp of the officeof the PrincipalInspector of Mines and must state that the inspector or person is duly appointedor authorised under section 49(1)or 49(4), as the case may be.

(c)Regulation 7.2(3) is applicable to a letter issued under regulation7.2(4).

7.2(5)A certificate DME 34 or 35 or a letter contemplated in regulation7.2(4) is deemed to be adequate proof of an appointment orauthorisation undersection 49(1) or 49(4), as the case may be.

[Chapter 7 subs by reg 3 of GoN R846 in G. 18078.]

CHAPTER 8

MACHINERY AND EQUIPMENT

Air Compressors

8.1(1)The employer must ensure, in the case of air compressors with a freedelivery in excess of 0,15 cubic metres per second andwhere compression takesplace in the presence of lubricating oil, that the compressor is fitted withautomatic means of limitingthe operating temperature and pressure of thecompressor to a safe level.

[Reg 8.1 ins by GoN R1579 in G. 24168.]

Underground Railbound Transport

8.2The employer must take reasonable measures to ensure that—

8.2(1)the braking system of every locomotive ortrain is capable of stopping the locomotive ortrain within a safe distance under all operating conditions;

8.2(2)the braking system of every locomotive haspassed a dynamic type test under full load conditions, beforebeing used for the first time and after any brake design modifications;

8.2(3)the braking system of every locomotive haspassed a static test before the locomotive is putinto use at the commencement of each shift, after repairs and afteradjustments;

8.2(4)a system is in place to alert persons to the presence and direction oftravel of any locomotive or train,

8.2(5)a system is in place to assist the driver or operator of alocomotive or train to travel at a safe speed;

8.2(6)any rolling stock used for the transportation of personsis approved, by a competent person and is operated and maintained safely;

8.2(7)a system is in place that is capable of preventing anylocomotive or train from inadvertently being set inmotion.

8.3No person may board or alight from a locomotive ortrain while it is in motion.

REPEALS

The following regulations made under the Minerals Act,in force in terms of item 4 of Schedule 4 of the Act, are herebyrepealed.

18.1.1
18.1.2
18.1.2(a)
18.1.2(b)
18.1.2(c)
18.1.2(d)
18.1.2(d)(i)
18.1.2(d)(ii)
18.1.2(d)(iii)
18.1.3
18.1.4
18.1.5
18.1.6
18.1.6(a)
18.1.6(b)
18.2.2.1
18.2.2.1(a)
18.2.2.1(b)
18.2.2.2
18.3.3
18.3.4
18.4.1.1
18.4.1.2
18.4.1.3
18.4.2.1
18.4.2.2
18.6.1
18.6.2
18.7.1
18.7.2
18.7.2(a)
18.7.2(b)
18.7.2(c)
18.7.2(d)
18.7.2(e)
18.7.2(f)
18.8.3
18.8.4.1
18.8.5
18.8.6
18.8.7.1
18.8.7.1(a)
18.8.7.1(b)
18.8.7.2
18.8.7.3

[Regs 8.2 and 8.3 ins by Sch in GoN R583 in G. 26333.]

[Editor note: The notice states the following: “The regulationsin the Schedule shall not be applicable to underground endless rope haulageinstallations, monorail installations, chairlift installations, overhead cranesand crawls, railbound equipment used in shafts, windersand raises, liftingmachines, stackers and reclaimers.”]

Scraper Winch and Mono-Rope installation

8.4(1)The employer, at every mine where scraper-winches or mono-rope winchesare operated, must take reasonable measures to preventpersons from beinginjured as a result of—

(a)any person coming into contact with any moving part of a scraper winch ormono-rope winch installation or any equipment attachedthereto; and

(b)the scraper winch or mono-rope winch installation being unsafe.

8.4(2)The measures to be taken by the employer in terms of regulation 8.4(1)must include measures to ensure that—

(a)scraper-winches and mono-rope winches are only operated by competentpersons authorised by the employer to do so;

(b)the scraper winch or mono-rope winch is not operated until it is examinedand declared safe to operate by a person authorisedto do so by theemployer;

(c)means are provided to forewarn persons of the intention to commenceoperating any scraper-winch or mono-rope winch;

(d)means are provided for persons to signal to the operator, from any accesspoint to the installation, to shut down the operationof the scraper-winch ormono-rope winch installation;

(e)scraper winch and mono-rope winch ropes, scraper attachments and ropesplicing are regularly inspected;

(f) the scraper winch ropes are always underlay;

(g)a written procedure is prepared and implemented for the installation ofthe winch system, covering at least—

(i)the requirements of scraper and mono-winch foundations andinstallations;

(ii)the crossover and anti-fouling arrangements of ropes from two or morewinches;

(iii)illumination of the moving parts of any winch so that they can beidentified by persons;

(iv)appropriate sheave and return pulley anchor and rigging arrangements,including the use of safety slings;

(v)measures to ensure that winch ropes are used within the designcapacity;

(vi)winch starter box location to ensure ease of operation by the operator;and

(vii)the moving and transport of winches from one location to another.

[Reg 8.4 ins by GoN R1225 in G. 28333.]

Lifting Equipment Regulations

Definitions

For purposes of regulation 8.5, unless the context otherwiseindicates—

“Lifting equipment,” means any equipment or machine orarrangement of equipment or machines intended or used for the lifting, lowering,suspension, ormoving in suspension of any person orload.

“Lifting tackle,” means any attachment,including anchoring points, used to secure lifting equipment or a load tolifting equipment.

8.5(1)The employer must take reasonable measures to ensure that no person isinjured due to the failure of any lifting equipmentor lifting tackle as aresult of—

(a)incorrect design for the intended application;

(b)incorrect installation; or

(c)insufficient maintenance.

8.5(2)The employer must take reasonable measures to ensure that theinstallation, use (including the transport of persons), maintenance,inspection,testing and keeping of records of lifting equipment and lifting tackle are donein accordance with a written operatingprocedure prepared and implemented forthat purpose.

8.5(3)The employer must take reasonably practicable measures to ensurethat—

(a)only lifting equipment and lifting tackle with a minimum factor of safetyof four is used;

(b)lifting equipment and lifting tackle are not used beyond their designcapacity; and

(c)the safe working load of any lifting equipment and lifting tackle isconspicuously and clearly marked or indicated thereon.

8.5(4)Notwithstanding regulation 8.5(2), the employer must take reasonablypracticable measures to ensure that the following liftingtackle has a minimumfactor of safety of—

(a)10 for natural fiber ropes;

(b)six for steel wire ropes, man-made fiber ropes and textile webbing;and

(c)four for high tensile steel chains.

8.5(5)The employer must take reasonable measures to ensure that only personsauthorised in writing by the employer to do so, operatelifting equipment andlifting tackle.

8.5(6)The employer must take reasonably practicable measures to ensure thatthe lifting equipment used at the mine is designed andmanufactured inaccordance with an appropriate standard.

[Reg 8.5(6) am by GoN R 90 in G. 30698.]

8.5(7)The following regulations promulgated under Minerals Act, 1991 (Act 50of 1991) in force in terms of item 4 of Schedule 4 ofthe Act, are herebyrepealed—

Chapter 6

Chapter 16

Chapter 19

6.1.1

16.98

19.1

6.1.2

16.98.1

19.2.1

6.1.3

16.98.2

19.2.2

6.2.1

16.98.3

19.3.1

6.2.2

16.98.4

19.3.2

6.2.3

16.98.5

19.3.3

6.2.4

16.99

19.3.4

6.2.5

16.100

19.4

6.3.1

16.101

19.5

6.3.2

16.102

19.6

6.3.2.1

16.103


6.3.2.6

16.103.1


6.3.2.7

16.103.2


6.3.2.8

16.104


6.3.2.12



6.3.3.1



6.3.3.2



6.3.3.3



6.3.3.4



6.3.3.5



6.3.3.6



6.9



6.11



[Reg 8.5 ins by GoN R1225 in G. 28333; reg 8.5(7) subs by GoNR 90 in G. 30698.]

Fans

Definitions

For purposes of regulation8.6, unless the context otherwise indicates—

“boosterfan” means a fan installed underground in the main air stream or in asplit of the main air stream to assist the main fan to increaseairflow and / orovercome resistance through a section of a mine.

“mainfan” means a fan that controls the entire air flow of a mine, or theairflow of one or more of the major air circuits.

8.6(1)The employer must take reasonable measures to ensure that combustiblematerials, explosives or natural vegetation are not locatedso near to faninstallations and its switch-gear used for underground ventilation, that if suchcombustible materials, explosivesor natural vegetation catch fire, there is asignificant risk to the supply of clean air to any underground working place asa resultof—

(a)the fan installation or its switch-gear being damaged; or

(b)smoke or fumes being drawn into any working place.

8.6(2)The employer must ensure, where a significant risk of an explosion offlammable gas or coal dust exists, that measures arein place to ensure thatthere is always a supply of clean air to all underground working places. Suchmeasures must include—

(a)installing the main fan on surface;

(b)providing an effective means of protecting the main fan against damagecaused by explosion;

(c)ensuring the main fan is readily accessible to effect emergency repairs;and

(d)having a back up system in place to provide clean air should the main fanbecome inoperative.

8.6(3)The employer must ensure, as far as reasonably practicable, that everymain fan is provided with—

(a)an automatic means of alerting a responsible person should it stop orcease to operate;

(b)an effective means of giving early warning of defective operation;

(c)a power supply from two different sources or networks, which can includean emergency supply alternator / generator, for powersupply in the event of aninterruption to the normal power supply; and

(d)an effective means for safe entrance to and exit (escape) from the mainfan housing.

8.6(4)The employer must take reasonable measures to ensure that a competentperson examines every main and booster fan for effectiveoperation, internallyand externally, together with all appurtenant components that are necessary forthe operation of the fan, atintervals not exceeding three months, or any otherlesser interval determined by the mine’s hazard identification and riskassessment in terms of section 11.

8.6(5)The employer must keep records of all examinations conducted in termsof regulation 8.6(4), including remedial measures taken,for a period of atleast the most recent 10 years of the fan installation.

8.6(6)The employer must take reasonable measures to ensure that all main andbooster fans are installed, operated and maintainedin accordance with a writtenprocedure prepared and implemented for that purpose.

[Reg 8.6 ins by Sch in GoN 911 in G. 29214.]


Refrigeration and Air-conditioning Installations

8.7(1)The employer must take reasonable measures to ensure that allrefrigeration or air-conditioning installations at the mine complywith therequirements of the South African Bureau of Standards Code of Practice - SANS10147, “Refrigerating systems includingplants associated withair-condition systems” (2002: 4th ed) with respect to itssafety, construction, erection, operation, inspection and testing.

8.7(2)The employer must take reasonable measures to ensure that a competentperson examines and operationally tests the entire refrigerationsystem ascontemplated in SANS 10147, excluding pressure relief devices, at least onceevery three months.

8.7(3)Regulation 8.7(1) and 8.7(2) do not apply to any—

(a)household refrigerator;

(b)water cooler or similar equipment that contains less than one kg ofrefrigerant;

(c)unit type display counter or any commercial refrigerator that containsless than 15 kg of a group one refrigerant; and

(d)refrigeration plant that requires a prime mover of less than 10 kW orless.

8.7(4)Despite Regulation 8.7(3) the clauses in SANS 10147 that refer to theMontreal Protocol apply to all air-conditioning and refrigerationequipment.

8.7(5)The normative references in the above standard of SANS 10147 are notapplicable to the employer.

Repeal

8.7(6)The following regulations made under the Minerals Act, 1991(Act 50 of1991) in force in terms of Schedule 4 of the Act areherebyrepealed—

Chapter 10

Chapter 23

10.13
10.13.1
10.13.2
10.13.3
10.13.4
10.14
10.14.1
10.14.2
10.14.3

23.15.1
23.15.2
23.15.3
23.15.4
23.15.5
23.15.6
23.15.7
23.15.8
23.15.9
23.15.11
23.15.12
23.15.13
23.15.14
23.15.15
23.15.16

[Reg 8.7 ins by Sch in GoN 911 in G. 29214.]

General Machinery Regulations

8.8(1)The employer must take reasonably practicable measures to preventpersons from being injured as a result of them, the clothesbeing worn by themor any equipment being held by them coming into contact with or being drawn intoany moving part of any machine.

8.8(2)The employer must take reasonably practicable measures to preventpersons from being injured because of any machinery failingas a resultof—

(a)incorrect design;

(b)incorrect installation;

(c)poor maintenance; or

(d)incorrect use or non-compliance with proper operating or safetyprocedures.

8.8(3)The measures to be taken by the employer in terms of regulation 1 mustinclude measures to ensure that—

(a)only persons authorised by the employer to do so, start operate andmaintain any machine where such starting, operation or maintenancemay pose asignificant risk to any person;

(b)where the moving of machinery may pose a significant risk to any person,such machinery is only moved under the constant supervisionof a competentperson who is fully aware of the risks attached to such moving of themachinery;

(c)only persons authorised by the employer to do so enter any area wheremachinery is operated, where such operation may pose a significantrisk to anyperson;

(d)machinery is only operated if all installed safety devices areoperational and functional;

(e)persons in close proximity to moving parts of machinery do not wear orare not permitted to wear clothing or anything else thatcan be caught in suchmoving parts;

(f)where the unexpected moving of any machinery or any part of any machinerycould pose a significant risk to any person, appropriateprestart warningdevices, such as audible warning devices, the delay time must be determined byrisk assessment with a minimum ofa ten second time delay, are fitted to suchmachinery and used to warn persons that such machinery is about to be set inmotion;

(g)here there could be a significant risk to any person working on anymachinery due to the release from such machine of any mechanical,electrical,hydraulic, chemical or other source of energy, a written lockout procedure isprepared and implemented to ensure thatsuch source of energy is effectivelylocked out and de-energised before any person works on such machinery;

(h)access scaffolding is erected, used, maintained and dismantled safely andin accordance with SANS Standard 10085-1:2004 “Thedesign, erection, useand inspection of access scaffolding”.

(i)means are provided, on or in close proximity to any machine, toimmediately remove the source of power to that machine in caseof anemergency;

(j)where the starting of machines are interlocked, no unintended starting ofany of those machines can take place;

(k)starting devices are so arranged that no accidental starting of machinerycan take place; and

(l)all electrical, pneumatic and hydraulic portable equipment are operatedand maintained in a safe working order;

8.8(4)The measures to be taken by the employer to prevent any person fromcoming into contact with any moving part of machinery orany equipment attachedthereto, must include—

(a)effective physical barriers at the machinery such as screening, guardingor fencing; or

(b)failsafe electric or electronic barriers interlocked with the machineryin such a way that the machinery would be stopped beforepersons come intocontact with moving machinery or parts thereof; or

(c)effective barriers at a safe distance away from any machinery.

8.8(5)The employer must take reasonably practicable measures to ensurethat—

(a)when a compression ignition engine system is found to have any defectwhich may cause a significant risk to the safety or healthof persons, the useof such engine system is discontinued immediately;

(b)all services, maintenance and repairs to diesel-powered equipment areperformed by a competent person;

(c)all areas where diesel fuel is stored and where fuelling is carried outare clearly marked and that measures are in place to preventspillage,contamination and fire, including that—

(i)diesel engine fuel is delivered underground in such a way that nospillage takes place during delivery;

(ii)when fuel is piped underground fuel delivery pipes are drained each timeafter use;

(iii)fuel is stored underground only in non-flammable robust containerswhich do not leak; and

(iv)the quantity of fuel stored underground is limited to three day’sestimated consumption.

8.8(6)The employer must take reasonably practicable measures to ensure thatevery mobile diesel engine powered unit, when not inuse, is kept at a locationthat is sufficiently ventilated to prevent a build up of diesel fumes in the airat that location sufficientto cause a significant risk when starting up thatengine.

8.8(7)The employer must take reasonably practicable measures to ensure thatall areas where diesel fuel is stored are clearly indicatedon the mine’srescue plan contemplated in regulation 17(19).

[Reg 8.8 ins by GoN R93 in G. 30698.]

CONVEYOR BELT

Definitions

For purposes ofregulation 8.9, unless the context otherwiseindicates—

“conveyor belt installation” means amechanical system used for the transportation of minerals, material, or personson a belt.

“designated sections” means the drivesection, take up tension section, snub pulley sections, transfer point sectionsand tail pulley sections.

[“designated sections” ins by reg 1(a) of GoN R622in G. 36761.]


“power supply” means any energy source feeding thedrive motor of a conveyor belt installation.

8.9(1)In compliance with regulation 8.8(1) the employer must ensurethat—

(a)the designated sections of a conveyor belt installation are to beguarded, as per regulation 8.8(4) and not cleaned when any ofits parts are inmotion; provided that washing with pressurised water from a safe distanceoutside the guarded area may be carriedout, subject to regulation8.9(1)(i);

[Reg 8.9(1)(a) subs by reg 1(b) of GoN R622 in G. 36761.]

(b)the power supply and all sources of stored energy of a stationaryconveyor belt installation are isolated, made safe and locked-outduring eitherrepairs, maintenance or cleaning of spillage in the designated sections;provided that the alignment and training ofa conveyor belt installation may becarried out whilst the belt is in motion subject to it being carried out inaccordance with aprocedure prepared and implemented for this purpose;

[Reg 8.9(1)(b) subs by reg 1(c) of GoN R622 in G. 36761.]

(c)the driving machinery of the conveyor belt installation can be stopped byany person from any point, along its length where accessto the belt ispossible;

(d)the driving machinery of the conveyor belt installation is stopped shouldthe belt break, jam or slip excessively;

(e)persons are prevented from entering any side of a conveyor beltinstallation, unless means have been provided to do so safely;

[Reg 8.9(1)(e) subs by reg 1(d) of GoN R622 in G. 36761.]

(f)one or more devices are fitted and used to give all persons at any pointwhere access to the conveyer belt installation is possiblesufficient priorwarning for a period to be determined by the mines risk assessment with aminimum period of 10 seconds that anypart of such a conveyer belt installationis about to be put into motion;

(g)the take up or belt tensioning device will not move when repairs, routinecleaning, cleaning of spillage, maintenance at the belttensioning device orbelt splicing is carried out;

[Reg 8.9(1)(g) subs by reg 1(e) of GoN R622 in G. 36761.]

(h)where two or more conveyor belt installations are used in series,sequence interlocking is provided which automatically will,except when approvedmaintenance specific procedures are carried out that require an independentconveyor test run—

(aa)stop all conveyor belt installations feeding a conveyor beltinstallation that has stopped; and

(bb)prevent a conveyor belt installation from starting until the conveyorbelt installation onto which it feeds is running;

[Reg 8.9(1)(h) subs by reg 1(f) of GoN R622 in G. 36761.]

(i)only persons authorised to do so by the employer operate, maintain, cleanand repair a conveyor belt installation; and providedthat any routine cleaningoutside the designated sections of the conveyor section of the belt is carriedout in accordance with aprocedure prepared and implemented for thispurpose;

[Reg 8.9(1)(i) subs by reg 1(g) of GoN R622 in G. 36761.]

(j)the belt of any conveyor belt installation is installed in such a waythat no uncontrolled run away can occur; and

[Reg 8.9(1)(j) subs by reg 1(h) of GoN R622 in G. 36761.]

(k)the overall structural design of every conveyor belt installation isapproved by a competent person.

8.9(2)The employer must take reasonably practicable measures to preventpersons from being injured by material or mineral fallingfrom a conveyor beltinstallation, which measures must include the fitting and use of one or moredevices to prevent run-back orrun-on when such conveyor belt installation isstopped.

[Reg 8.9(3) subs as 8.9(2) by reg 1(i) of GoN R622 in G.36761.]

8.9(3)The employer must take reasonably practicable measures to preventpersons from being exposed to flames, fumes or smoke arisingfrom a conveyorbelt installation catching fire, including instituting measures to prevent,detect and combat such fires.

[Reg 8.9(4) subs as 8.9(3) by reg 1(j) of GoN R622 in G.36761.]

8.9(4)The employer must take reasonably practicable measures to preventpersons from being injured as a result of the breaking, misalignmentor damageof conveyor belting due to any mineral, material or coal dust accumulating on oraround the moving parts of any conveyorbelt installation.

[Reg 8.9(5) subs as 8.9(4) by reg 1(k) of GoN R622 in G.36761.]

8.9(5)The employer must take reasonably practicable measures to preventpersons at or near conveyor belt installations from beinginjured due tolightning directly or indirectly striking the installation.

[Reg 8.9(6) subs as 8.9(5) by reg 1(l) of GoN R622 in G.36761.]

8.9(6)The employer must take reasonably practicable measures to ensure thatthe use, operation and inspection of man-riding conveyorscomply with SANS10266: 2006- Edition 1 “The safe use, operation and inspection ofman-riding belt conveyors in mines”.

[Reg 8.9(7) subs as 8.9(6) by reg 1(m) of GoN R622 in G.36761.]

8.9(7)The normative references in SANS 10266: 2006 are not applicable to theemployer.

[Reg 8.9(8) subs as 8.9(7) by reg 1(n) of GoN R622 in G.36761.]

8.9(8)The employer must take reasonable measures to ensure that thefunctionality of the devices contemplated in regulation 8.9(1)(c)and (f) and ofany other safety devices relating to the conveyor belt installation aretested—

(a)once a week not exceeding 10 days, where such devices are in thedesignated sections;

(b)every three months where such devices are outside of the designatedsections; and

(c)immediately after any belt extension or shortening thereof has takenplace.

[Reg 8.9(9) subs as 8.9(8) by reg 1(o) of GoN R622 in G.36761.]

8.9(9)The employer must ensure that a written procedure is prepared andimplemented for conveyor belt splicing, joining and repairingand for the safeuse of chemicals during such splicing, joining and repairing.

[Reg 8.9 ins by GoN R93 in G. 30698; reg 8.9(10) subs as8.9(9) by reg 1(p) of GoN R622 in G. 36761.]

8.10TRACKLESS MOBILE MACHINERY

Definitions

For purposes of regulation 8.10, unless the context otherwiseindicates—

“Braking System” means a device or combination of devicescapable of reducing the speed of a trackless mobile machine to astandstill;

“Combined Braking Systems” means a braking systemconsisting of a service brake and at least one of the following: either a parkbrake or an emergency brake;

“Emergency Brake” means an easily accessible device, whichwhen applied, will bring the trackless mobile machine to a standstill under alloperatingand emergency conditions;

“Fail to Safe” means so designed as to activate andeffectively perform its intended function without harm to persons and withouthuman intervention;

“Park Brake” means a brake capable of holding fullyloaded, parked trackless mobile machine stationary, at the maximum safeoperating gradient,without the support of any other braking system;

“Remote Controlled” means the control and operation of atrackless mobile machine by an operator, by means of a wireless remote controldevice or a remotecontrol device by means of a cable system, where the operatorhas direct physical sight of the trackless mobile machine;

“Service Brake” means the primary operating brake capableof retarding and stopping the fully loaded trackless mobile machine;

“Static Test” means a test carried out to determine thecompliance of the brake holding power of a trackless mobile machine measuredagainst thedesign specification or an appropriate safety standard;

“Trackless Mobile Machine” means any self-propelled mobilemachine that is used for the purpose of performing mining, transport orassociated operations undergroundor on surface at a mine and is mobile byvirtue of its movement on wheels, skids, tracks, mechanical shoes or any otherdevice fittedto the machine, but excludes rail bound equipment, scraperwinches, mono rail installations, static winches, draglines, winding machineryinstallations, track mounted conveyors and any equipment attachedthereto;

“Trailer” means any vehicle that is not self-propelled andneeds to be towed by a trackless mobile machine by design.

Regulations

Collisions between trackless mobile machines and pedestrians

8.10.1 The employer must take reasonably practicable measures to ensure thatpedestrian are prevented from being injured as a resultof collisions betweentrackless mobile machines and pedestrian. At any mine where there is asignificant risk of such collisions,such measures must include at least thefollowing—

8.10.1.1 All electrically or battery powered trackless mobile machines,excluding shovels, bucket wheel excavators and overburdendrills, must beprovided with means to automatically detect the presence of any pedestrianwithin its vicinity. Upon detecting thepresence of a pedestrian, the operatorof the trackless mobile machine and the pedestrian must be warned of eachother’s presenceby means of an effective warning. In the event where noaction is taken to prevent potential collision, further means must be providedto retard the trackless mobile machine to a safe speed where after the brakes ofthe trackless mobile machine are automatically appliedwithout humanintervention.

8.10.1.2 All underground diesel powered trackless mobile machines must beprovided with means—

8.10.1.2

(a) to automatically detect the presence of any pedestrian within itsvicinity. Upon detecting the presence of a pedestrian, theoperator of thediesel powered trackless mobile machine and the pedestrian shall be warned ofeach other’s presence by meansof an effective warning; and

(b) in the event where no action is taken to prevent potential collision,further means shall be provided to retard the diesel poweredtrackless mobilemachine to a safe speed where after the brakes of the diesel powered tracklessmobile machine are automaticallyapplied. The prevent potential collision systemon the diesel powered trackless mobile machine must fail to safe without humanintervention.

[Commencement of reg 8.10.1.2(b): not in force.]

Collisions between diesel powered trackless mobile machines

8.10.2 The employer must take reasonably practicable measures to ensure thatpersons are prevented from being injured as a resultof collisions betweendiesel powered trackless mobile machines. At any opencast or open pit mine wherethere is a significant riskof such collisions, such measures mustinclude—

8.10.2.1 Every diesel powered trackless mobile machine must be provided withmeans to automatically detect the presence of any otherdiesel powered tracklessmobile machine within its vicinity; and

8.10.2.1

(a) upon detecting the presence of another diesel powered trackless mobilemachine, the operators of both diesel powered tracklessmobile machines shall bewarned of each other’s presence by means of an effective warning;and

(b) in the event where no action is taken to prevent potential collision,further means shall be provided to retard the diesel poweredtrackless mobilemachine to a safe speed where after the brakes of the diesel powered tracklessmobile machine are automaticallyapplied. The prevent potential collision systemon the diesel powered trackless mobile machine must “fail to safe”withouthuman intervention.

[Commencement of reg 8.10.2.1(b): not in force.]

Collisions between trackless mobile machines and rail boundequipment

8.10.2.2 The employer must take reasonably practicable measures to ensurethat persons are prevented from being injured as a resultof collisions betweentrackless mobile machines and rail bound equipment. At underground operationswhere there i.e. a significantrisk of such collisions, such measures mustinclude warning the operators of the trackless mobile machine and the locomotiveof eachother’s presence by means of an effective warning.

Trackless mobile machines running uncontrolled

8.10.3 The employer must take reasonably practicable measures to preventtrackless mobile machines running uncontrolled.

Overturning of any trackless mobile machine

8.10.4 The employer must take reasonably practicable measures to ensure thatpersons are prevented from being injured as a resultof overturning of anytrackless mobile machine. Roll overprotection structures must be fitted ontrackless mobile machines if requiredin terms of the mine’s riskassessment.

Objects falling onto operators and / or passengers of trackless mobilemachines

8.10.5 The employer must take reasonably practicable measures to ensure thatpersons are prevented from being injured as a resultof objects falling ontooperators and / or passengers of trackless mobile machines. Trackless mobilemachines must be fitted withfalling object protection structures to protectoperators and passengers from falling objects if required in terms of themine’srisk assessment.

Persons inadvertently falling out of or being ejected from tracklessmobile machines

8.10.6 The employer must take reasonably practicable measures to ensure thatpersons are prevented from being injured as a resultof operators and / orpassengers inadvertently falling out of or being ejected from any tracklessmobile machine in motion.

Braking systems

8.10.7 The employer must take reasonably practicable measures to ensure thatpersons are prevented from being injured as a resultof brake failure. Suchmeasures must include ensuring—

8.10.7.1 that trackless mobile machines are operated with adequate andeffective braking systems;

8.10.7.2 all braking systems are adequately and routinely tested forintended functionality;

8.10.7.3 all braking systems are regularly maintained; and

8.10.7.4 that where a combined braking system is used, the design of thebraking system is such that it complies with the requirementsfor the separatesystems and that it fails to safe.

Restricted operator visibility

8.10.8 The employer must take reasonably practicable measures to ensure thatpersons are prevented from being injured as a resultof restricted operatorvisibility.

Fatigue while operating a trackless mobile machine

8.10.9 The employer must take reasonably practicable measures to ensure thatpersons are prevented from being injured as a resultof fatigue of operators.Such measures must include a fatigue management procedure for operators.

Battery charging facilities

8.10.10 The employer must take reasonably practicable measures to ensurethat battery charging facilities are ergonomically designed,constructed andequipped with the following—

(i) Adequate through ventilation;

(ii)Adequate fire suppression equipment;

(iii) Effective provisions to treat persons in the event of acid spillage;and

(iv) Appropriate and adequate lighting.

Diesel refuelling facilities

8.10.11 The employer must take reasonably practicable measures to ensurethat diesel refuelling facilities are ergonomically designed,constructed andequipped with the following—

(i) Adequate through ventilation;

(ii)Adequate fire suppression equipment;

(iii) Effective provisions to cater for oil and diesel spillages; and

(iv) Appropriate and adequate lighting;

(v) Surface diesel refueling facilities are in accordancewith—

(a) SANS 10089-1 (2008): The petroleum industry Part 1: Storage anddistribution of petroleum products in above-ground bulk installations.

(b) SANS 10089-2 (2007): The petroleum industry Part 2: Electrical and otherinstallations in the distribution and marketing sector.

(c) SANS 10089-3 (2010): The petroleum industry Part 3: The installation,modification, and decommissioning of underground storagetanks, pumps /dispensers and pipe work at service stations and consumer installations.

Wheels, tyres and rims

8.10.12 The employer must take reasonably practicable measures to ensurethat procedures are prepared and implemented to preventpersons from beinginjured as a result of the use, storage and handling of wheels, tyres andrims.

Access of persons to and from the trackless mobile machines

8.10.13 The employer must take reasonably practicable measures to ensurethat trackless mobile machines are designed, constructedand maintained suchthat persons getting on and off, or working on them can do so safely.

Visibility of trackless mobile machines, skid mounted machinery andtrailers to persons

8.10.14 The employer must take reasonably practicable measures to ensurethat trackless mobile machines, skid mounted machinery andtrailers are visibleto persons in their vicinity.

Unauthorised access to or operation of trackless mobilemachines

8.10.15 The employer must take reasonably practicable measures to ensurethat unauthorised persons do not ride on or operate tracklessmobilemachines.

Isolation and lock-out of trackless mobile machines

8.10.16 The employer must take reasonably practicable measures to ensurethat procedures are prepared and implemented for the safeisolation and lockoutof trackless mobile machines.

Operating procedures

8.10.17 The employer must take reasonably practicable measures to ensurethat procedures are prepared and implemented for the safeoperation of tracklessmobile machines.

Maintenance standards and procedures

8.10.18 The employer must take reasonably practicable measures to ensurethat procedures and standards are prepared and implementedfor maintainingtrackless mobile machines in a safe operating condition.

Remote and remotely controlled trackless mobile machines

8.10.19 The employer must take reasonably practicable measures to ensurethat remote control devices for trackless mobile machinesusing a wirelessremote control device comply with—

(a) SANS 61000-4-2 (IEC 61000-4-2) Electrostatic immunity dischargetest;

(b) SANS 61000-4-3 (IEC 61000-4-3) Radiated, radio frequency,electromagnetic field immunity test;

(c) SANS 61000-4-4 (IEC 61000-4-4) Electrical fast transient / burstimmunity test;

(d) SANS 61000-4-5 (IEC 61000-4-5) Surge immunity test.

(e) SANS 61000-4-6 (IEC 61000-4-6) Immunity to conducted disturbances,induced by radio-frequency fields;

(f) SANS 61000-4-8 (IEC 61000-4-8) Power frequency magnetic field immunitytest; and

(g) SANS 61000-4-11 (IEC 61000-4-11) Voltage dips, short interruptions andvoltage variations immunity test.

Trailers

8.10.20 The employer must take reasonably practicable measures to ensurethat—

(a) the design and construction of any trailer is in accordance withspecifications approved by a competent person, which specificationsmust takeinto account the intended use of the trailer;

(b) the design and construction of trailer coupling and uncouplingmechanisms is such that coupling and uncoupling can be done safelyand that noinadvertent uncoupling of the trailer can take place; and

(c) procedures are prepared and implemented for the safe operation oftrailers.

Towing and recovery of trackless mobile machines

8.10.21 The employer must take reasonably practicable measures to ensurethat procedures are prepared and implemented for the saferecovery and towing oftrackless mobile machines.

Roadway conditions

8.10.22 The employer must take reasonably practicable measures to ensurethat the design, construction and maintenance of roadwaysare appropriate forthe type and category of trackless mobile machine.

Selection, training, appointment and licensing of trackless mobile machineoperators

8.10.23 The employer must take reasonably practicable measures to ensurethat procedures are prepared and implemented for the selection,training,appointment and licensing of trackless mobile machine operators, whichprocedures must include—

8.10.23.1 physical and psychological pre-selection criteria;

8.10.23.2 a training programme for trackless mobile machine operators,covering—

(i) theoretical training in a training Centre;

(ii)practical training; and

(iii) on the job training.

8.10.23.3 assessment of the trainee, on successful completion of thetraining programme, by a competent person;

8.10.23.4that only operators, assessed to be competent are authorised inwriting by the responsible engineer to operate tracklessmobile machines;

8.10.23.5 that operators of trackless mobile machines are authorised inwriting by their supervisor to operate trackless mobile machines.Suchauthorisation must detail their duties, responsibilities, limitations and areasof operation.

8.10.23.6 when an operator has not operated a trackless mobile machine for aperiod of two years, such operator is re-assessed tobe competent by a competentperson prior to being issued with a new license.

8.10.23.7 that every operator of trackless mobile machines is issued with alicense containing at least the following—

(i) a photograph to positively identify the operator;

(ii)the trackless mobile machine types which the operator may operate;

(iii) date of issue and expiry date; and

(iv) the operator’s company identification number.

Pre-use inspection procedures

8.10.24 The employer must take reasonably practicable measures to ensurethat procedures are prepared and implemented for inspectingtrackless mobilemachines immediately prior to use, which procedures must include—

8.10.24.1 that the operator of the trackless mobile machines physicallyinspects and ensures that the brakes, lights and any otherdefined safetyfeatures and devices are functioning as intended prior to setting such tracklessmobile machines in motion;

8.10.24.2 pre-use check lists that have to be completed by all operators oftrackless mobile machines at the beginning of their shift.Such check lists mustclearly identify all the components, features and functionalities to beinspected by the operator. For eachcomponent, feature or functionality, thecheck list must clearly indicate the pre-established criteria under which thetracklessmobile machines may or may not be put in motion.

Reversing over the edge of a stockpile

8.10.25 The employer must take reasonably practicable measures to preventany trackless mobile machine reversing over the edge ofa stockpile ordump.

Inadvertent movement of the trackless mobile machine

8.10.26 The employer must take reasonably practicable measures to preventinadvertent movement of any trackless mobile machine whilstparked.

Mandatory carrying of license

8.10.27 All operators of trackless mobile machines must have theiroriginally issued license on their person whilst operating anytrackless mobilemachine.

Certain regulations not applicable

8.10.28 Regulations 8.10.23 and 8.10.27 do not apply to trackless mobilemachines licensed under the National Road TransportationAct 2000 and not usedfor primary mining activities.

[Reg 8.10 ins by GoN R125 in G. 38493; Commencement date: 27May 2015.]

CHAPTER 9

MINE ENVIRONMENTAL ENGINEERING AND OCCUPATIONALHYGIENE

Environmental Engineering

Use of Compressed Air

9.1(1)No person may use, or permit any person to use, compressedair—

(a)in such a manner that it might endanger the health or safety of anyperson; or

(b)to clean the body of any person or clothes being worn by any person.

Early Warning Systems

9.1(2)Where the risk assessment at the mine indicates a significant risk ofa fire and / or explosion and / or toxic release, thatcould lead to anirrespirable atmosphere or an atmosphere immediately dangerous to life orhealth, the employer must provide an earlywarning system or systems at allworking places.

Ventilation Control Devices

9.1(3)The employer must ensure that polymer underground ventilation controldevices or appliances, which have the potential for electricalstaticdischarge—

(a)comply with the SABS standard specifications 1287: Part I and Part II;and

(b)are of anti-static characteristics when used in working places wherethere is a risk of igniting gas, dust or vapour.

[Commencement of reg 9.1(3): 1 September 2002.]


Working places where work has ceased

9.1(4)The employer must take reasonably practicable measures to ensure thatno employee is exposed to any health hazard at, or emanatingfrom, any workingplace where work has ceased, either temporarily or permanently.

Occupational Hygiene

Occupational exposure to healthhazards

9.2(1)The employer must ensure that the occupational exposure to healthhazards of employees is maintained below the limits set outin Schedule22.9(2)(a) and (b).

System of Occupational HygieneMeasurements

9.2(2)The employer must establish and maintain a system of occupationalhygiene measurements, as contemplated in section 12, of allworking places wherethe following hazard limits prevail—

(a)

airborne pollutants

-particulates ≥ 1/10 of the occupational exposurelimit;


-gases and vapours ≥ ½ of the occupational exposurelimit;

(b)

thermal stress

-heat >25,0oC wet bulb and / or >32,0°C dry bulb and / or>32,0°C mean radiant temperature;


-cold <10°C equivalent chill temperature; and

(c)

noise

-≥82dBLAeq,8h·
-


[Reference is made to the following Guidelines issued by the ChiefInspector of Mines in terms of section 9(2) of this Act

(i)Guideline for the Compilation of a Mandatory Code of Practice for anOccupational Health Programme on Personal Exposure to AirbornePollutants: Ref.No. DME 16/3/2/4-A1

(ii)Guideline for the Compilation of a Mandatory Code of Practice for anOccupational Health Programme on Personal Exposure to ThermalStress Ref. No.DME 16/3/2/4-A2]

[Reg 9.2(2) ins by Sch of GoN R904 in G. 23583.]


Report to Employer

9.2(3)The competent person engaged by the employer in terms of section 12(1)must, as part of the compliance with section 12(2)(b),report to the employeron—

(a)the occupational hygiene risk assessment, with specific reference toplanning, design, implementation and management of occupationalhygiene at themine;

(b)the occupational hygiene hazards that may cause illness or adverse healtheffects to persons, assess the results in terms of theimplementation of controlsystems and the management thereof, and recommend remedial actions to theemployer.

[Reg 9.2(3) ins by Sch of GoN R904 in G. 23583.]


Provision of potable and palatable water

9.2(4)The employer must ensure that sufficient potable and palatable water,which comply with the requirements set out in Schedule22.9(2)(c), is readilyavailable to all employees and clearly identified as drinkable.

[Reg 9.2(4) ins by Sch of GoN R904 in G. 23583.]


Provision and maintenance of ablution and change housefacilities

9.2(5)The employer must provide and maintain suitable andadequate—

(a)change houses to enable employees who perform work involving hazardoussubstances to change into working clothes at the startof their shift and towash themselves and change their clothes at the end of their shift;

(b)facilities to enable employees who perform work involving hazardoussubstances to wash their hands and faces before eating anymeals at work;and

(c)readily available latrine facilities, within a reasonable distance fromeach working place.

[Reg 9.2(5) ins by Sch of GoN R904 in G. 23583.]

Working Clothes

9.2(6)No employee may remove clothes referred to in regulation 9.2(5)(a)from the mine unless such clothes have been decontaminated.

[Reg 9.2(6) ins by Sch of GoN R904 in G. 23583.]


Report to Regional Principal Inspector

9.2(7)The employer must submit to the regional principal inspector of mines,on forms 21.9(2)(a); 21.9(2)(b); 21.9(2)(c) and 21.9(2)(d),21.9.2(e) and21.9.2(f) prescribed in chapter 21, and within 60 days from the end of therelevant reporting period as indicated oneach form, reports which containinformation on the airborne pollutant, thermal stress and noise aspects of thesystem of occupationalhygiene measurements, established and maintained in termsof regulation 9.2(2).

[Reg 9.2(7) ins by Sch of GoN R904 in G. 23583 wef 1 September2002; am by reg 2 of GoN R1226 in G. 2833.]


Respiratory Protective Equipment

9.2(8)The employer must ensure that all respiratory protective equipmentused at a mine, other than body-worn self-contained self-rescuers,comply withthe South African bureau of Standards Code of Practice, Homologation ofRespiratory equipment SABS 0338.

[Reg 9.2(8) ins by Sch of GoN R904 in G. 23583.]


Illumination of Working Places

9.2(9)The employer must ensure that the illumination at all working placesis sufficient to enable employees, who have conformedwith the requirements ofthe vision tests conducted in terms of the Guideline for the Minimum Standardsof Fitness to Perform workat a Mine, to perform their work safely.

Repeal

The following regulations made under the Minerals Act,1991 (Act 50 of 1991) in force in terms of Schedule 4 of the Mine Health andSafety Act, 1996 (Act 29 of 1996) are hereby repealed.

CHAPTERS

2

4

6

7

8

9

10

15

24

2.10.7
2.10.8
2.10.9
2.10.10
2.10.7
2.16.1
2.16.2
2.16.3

4.2
4.3.1
4.3.2
4.3.3
4.3.4
4.8
4.9

6.3.2.4

7.2.2
7.3.1

8.4.2(c)
8.5.1
8.5.2
8.9.3.1
8.9.4
8.9.5
8.9.8
8.9.9
8.9.10
8.10.12
8.10.13
8.10.41
8.10.42
8.10.43

9.29

10.1.1
10.1.2
10.2.1
10.2.2
10.2.3
10.2.4
10.2.5
10.2.6
10.3.1
10.3.2
10.3.3
10.3.4
10.3.5
10.3.6
10.4
10.5.1
10.5.2
10.6.1
10.6.2
10.6.3
10.6.4
10.6.5
10.6.6
10.6.7
10.7
10.8
10.9.1.1
10.9.1.2
10.9.2
10.9.3
10.9.4
10.9.5
10.9.6
10.10

10.10.1
10.10.2
10.10.3
10.10.4
10.10.5
10.10.6
10.11.2
10.16.1
10.16.2
10.16.3
10.16.4
10.17.1
10.17.2
10.17.3
10.17.4
10.19.1
10.19.2
10.19.3
10.20.1
10.20.2
10.20.3
10.21.1
10.21.2
10.21.3
10.21.4
10.21.5
10.22
10.23
10.25.2
10.25.3
10.25.4
10.25.5
10.25.8

15.5.3
15.2
15.2.1
15.2.2
15.3.1

24.14.6
24.20.4

[Chapter 9 ins by Sch of GoN R904 in G. 23583.]

CHAPTER 10

PLACE OF AN ACCIDENT TO BE LEFT UNDISTURBED

10.1(1)When an accident causes the immediate death of any employee, theplace where the accident occurred must not, without the consentof the PrincipalInspector of Mines, be disturbed or altered before such place has been inspectedby an Inspector or any other personauthorised under section 49(4) by the ChiefInspector of Mines.

10.1(2)Regulation 10.1(1) does not apply if—

(a)such disturbance or alteration is unavoidable to prevent furtheraccidents, to remove fatalities and injured employees or to rescueemployeesfrom danger; or

(b)the discontinuance of work at such place would seriously impede theworking of the mine.

10.1(3)Despite regulation 10.1 (1), work may be resumed at the place wherethe accident occurred if such inspector or other personauthorised by the ChiefInspector of Mines fails to inspect the place within three days after notice ofthe accident has been given.

RIGHT TO ATTEND INSPECTION IN LOCO

10.2Any employee having a material interest in an accident referred to inparagraph 10.1(1) as well as that employee’s representativemay attend anyinspection in loco conducted by an inspector but such attendance is at their ownrisk. In case such employee is, byreason of death or the severity of his / herinjuries, unable to appoint any representative to attend the inspection in loco,therelatives, or in their absence the fellow employees, of such employee mayappoint such representative.

[Chapter 10 ins by Sch of GoN R134 in G. 22055.]

CHAPTER 10

MISCELLANEOUS AND GENERAL PROVISIONS

Hazardous Location

Definitions

For purposes of regulation 10.1, unless the context indicatesotherwise—


“certified” means type tested, batch tested orproduced under an approved product certification scheme, as described in SouthAfrican NationalStandard ARP 0108 “Regulatory requirements for explosionprotected apparatus”;


“double protected” means a combination of any twoindependent types of explosion protection in such a way that in the event offailure of one of them,the other independent second means provides the requiredlevel of protection;


“explosion protected apparatus” means any apparatusused in a hazardous location and selected in accordance with the guidelines asdefined in the South African NationalStandard SANS 10108-2005, ‘Theclassification of hazardous locations and the selection of apparatus for use insuch locations”and the Aanbevolle / Recommended Praktyk / Practice ARP0108, “Regulatory requirements for explosion protectedapparatus”


“hazardous location” means any location, where theremay be a significant risk of igniting gas, dust, mist or vapour, including thefollowing—

(a)for underground coal mines any location where, under normal operatingconditions, there is a continuous presence of flammablegas, measured at aconcentration of 0,5 % or more by volume in the general body of the air,including—

(i)a return airway; and

(ii)any location determined by risk assessment but not less than 180 m fromany working face.

(b)for underground mines other than coal mines any location where, undernormal operating conditions, there is a continuous presenceof flammable gasmeasured at a concentration of 0,5% or more by volume in the air.

(c)for surface mines and surface locations at all mines including offshoreinstallations any location as identified in accordancewith South AfricanNational Standard SANS 10108: 2004 (Edition 5), “The classification ofhazardous locations and the selectionof apparatus for use in suchlocations”.

“Light-metal” means—

(a)aluminium;

(b)magnesium;

(c)titanium; and

(d)any alloy containing more than—

(i)15 per cent aluminium by mass of the alloy;

(ii)15 per cent aluminium, magnesium and / or titanium, taken together bymass of the alloy; or

(iii)six per cent magnesium and / or titanium, taken together or separately,by mass of the alloy.

10.1(1)The employer must take reasonable measures to ensure that allelectrical reticulation systems used in hazardous locationsare designed andselected by a competent person or under the direct supervision of such acompetent person.

10.1(2)The employer must take reasonably practicable measures to preventpersons from being injured in any hazardous location asa result of fire,explosion or the ignition of gas, dust, mist or vapour. Such measures mustensure that—

(a)all hazardous locations are identified, clearly marked and recorded on aplan or register, which must be kept updated and readilyavailable at themine;

(b)only explosion protected apparatus and systems certified for use in ahazardous location in accordance with the South AfricanNational Standard ARP0108: 2005, “Regulatory requirements for explosion protectedapparatus”, are used in any hazardouslocation;

(c)the selection of explosion protected apparatus used in any hazardouslocation is done in accordance with SANS 10108:2005 “Theclassification ofhazardous locations and the selection of apparatus for use in suchlocations”. The normative references aslisted in SANS 10108 are notapplicable to the employer;

(d)the installation, inspection and maintenance of explosion protectedapparatus used in a hazardous location is carried out in accordancewith SANS10086-1 2005 “The installation, inspection and maintenance of equipmentused in explosive atmospheres Part 1 : Installationsincluding surfaceinstallations on mines” and SANS 10086-2 2004 “The installation,inspection and maintenance of equipmentused in explosive atmospheres Part 2:Electrical equipment installed underground in mines” as appropriate;

(e)any repair, overhaul or modification to any explosion protected apparatusused in any hazardous location does not alter its designcharacteristics and iscarried out in accordance with SANS 10086-3 2005”. The installation,inspection and maintenance of equipmentused in explosive atmospheres Part 3:Repair and overhaul of apparatus used in explosive atmospheres”;

(f)explosion protected apparatus used in any hazardous location isinstalled, maintained, repaired, overhauled, inspected and testedby a competentperson;

(g)only double protected or intrinsically safe type Ex ia explosionprotected apparatus remains energised where flammable gas ispresent inconcentrations in excess of 1.4% by volume in the air. All other explosionprotected apparatus must be de-energised atflammable gas concentrations inexcess of 1.4% by volume in air;

(h)every battery operated self propelled mobile machine used in anyhazardous location complies with “SANS 1654: 2005 DC poweredmachines foruse in hazardous areas in mines”;

(i)any trailing cable used in any hazardous location is—

(aa)provided with a pilot circuit of intrinsically safe voltage and currentwhich will prevent power being supplied to the cableunless the earth conductoris continuous;

(bb)provided with a means (system) to prevent arcing of power contacts ofany plug used in conjunction with the cable while suchplug is being inserted orwithdrawn;

(cc)provided with a supply of electricity of which the earth fault currentis limited to a value so that there is no significantrisk of electrocution;

(dd)individually screened on poly phase and collectively screened on singlephase power conductors; and

(ee)designed for being dragged across the ground;

(j)measures are in place to verify, as far as reasonably practicable, thatelectrical circuits and components of such circuits usedfor explosion protectedapparatus have been correctly designed, selected, installed and repaired;

(k)only internal compression ignition engine system and machines that complywith the South African National Standard. SANS 868-1-12005:“Compression-ignition engine systems and machines powered by such enginesystems, for use in mines and plants with explosivegas atmospheres or explosivedust atmospheres or both”, Parts 1-1 or 1-2, whichever is applicable, areused in a hazardouslocation;

(I)all compression ignition engines used in a hazardous location have avalid Inspection (IA) certificate for the components andthe complete machineand test reports issued by an accredited testing laboratory (ATL) that must beavailable at the mine;

(m)when a compression ignition engine system has any defect which maycontaminate the air and cause a significant risk to the safetyor health ofpersons, the use of such engine system is discontinued immediately;

(n)all maintenance and repairs to diesel-powered equipment is performed by acompetent person;

(o)no apparatus, component or machinery made of a light metal is used in ahazardous location unless such apparatus, component ormachinery is—

(ff)covered by a housing, sheath, cover or coating (excluding paint) thatwill prevent such ignition; or

(gg)contained, situated or used in such a manner that does not create asignificant risk of such ignition; or

(hh)complies with South African National Standard SANS 10012:2004 “Theuse of light metals in hazardous locations at mines”.

Water Storage and Pumping Regulations

10.2(1)The employer must take reasonable measures to ensure that no personis injured as a result of the failure of any dam wall,plug or barricade keepingback water underground due to inappropriate design, sub-standard construction,or inadequate inspectionand maintenance of such dam wall, plug orbarricade.

10.2(2)The measures to be taken by the employer to comply with regulation10.2(1) above, must include measures to ensure that—

(a)any dam wall, plug or other barricade keeping back water underground,where the product of the capacity in cubic meters and thehydraulic head inmeters of the dam storing water underground and of which they form part, exceeds50 000, is designed by and constructedunder the supervision of a competentperson*;
* “competent person” defined in Regulation22.10.2(2)(a).

(b)any dam wall, plug or barricade contemplated in subregulation (a) aboveis maintained by a competent person*;
* “competent person”defined in Regulation 22.10.4(2)(b).

(c)any dam wall, plug or other barricade keeping back water underground,where the product of the capacity in cubic meters and thehydraulic head inmeters of the dam storing water underground and of which they form part, doesnot exceed 50 000, is designed, constructed,inspected and maintained under thesupervision of a competent person2; and

(d)all design calculations and drawings of dam walls, plugs and barricadesand mine plans indicating the exact position of such damwalls, plugs andbarricades are stored safely for the life of such dam walls, plugs andbarricades and are readily available.

10.2(3)The employer must—

(a)take reasonably practicable measures to prevent persons from beinginjured by the unintentional release of water and hydraulicpressure from anydam storing water underground; and

(b)prepare and implement a procedure to prevent injury to persons involvedwith the installation, construction, inspection, testingand maintenance of thefollowing hydraulic pressure systems—

(i)high pressure water jetting systems;

(ii)shaft high pressure cement columns;

(iii)shaft water and sludge columns;

(iv)dam water and sludge systems;

(v)mine residue discharge pumps;

(vi)hydraulic water accumulator systems;

(vii)high pressure pumping installations; or

(viii)backfill columns and associated equipment.

Draw Points, Tipping Points, Rock Passes and Box Fronts

Definitions

For purposes of regulation 10.3, unless the context indicatesotherwise—

“box front” means a structure installed at an openingof a rock pass to control the flow of rock, and includes bulkheads, chutes,platforms,control mechanisms, cylinders and similaraccessories;

“draw point” means a point where rock isloaded out or allowed to flow out from anexcavation;

“rock” means any mineral, ore and waste insolid form and coal;

“rock pass” means any inclinedexcavation in which any rock is transported by the force of gravity;and

“tipping point” means the upper inlet into a rockpass.

10.3(1)The employer must take reasonably practicable measures to ensurethat—

(a)the designs, and any modification thereto that can change the designcriteria, of structures for draw points, tipping points,rock passes and boxfronts are recorded and approved in writing by a competent person; and

(b)the approved designs and records of approval are kept readily availableat the mine for the life of such installation.

10.3(2)The employer must take reasonably practicable measures to ensurethat—

(a)a competent person in writing certifies that the construction,installation and modification of draw points, tipping points, rockpasses andbox front structures have been done in accordance with their design criteriabefore they are used; and

(b)the written certifications contemplated in regulation 10.3(2)(a) are keptreadily available at the mine for the life of the particularstructure.

10.3(3)The employer must take reasonably practicable measures to ensure thatwritten procedures are prepared and implemented for—

(a)the removal of structures for draw points, tipping points and boxfronts;

(b)persons entering a rock pass while it contains water, mud, rock or acombination thereof;

(c)clearing blocked rock passes; and

(d)the lock-out, maintenance and rehabilitation of draw points, tippingpoints, rock passes and box fronts.

[Second Chapter 10 ins by GoN R94 in G. 30698.]

CHAPTER 11

OCCUPATIONAL HEALTH
[Chapter Heading am by Sch toGoN R786 in G. 23498; rep by reg 1 of GoN R621 in G. 36761.]

Appeal regarding finding of unfitness to perform work

11.1An appeal under section 20(1) must be lodged with the MedicalInspector—

(a)within 30 days of a decision or finding that an employee is unfit toperform any particular category of work;

(b)within 90 days of the date of issue of an exit medical certificate;or

(c)within such period as the Medical Inspector may allow on good causeshown.

[Reg 11.1 ins by Sch of GoN R721 in G. 20155.]

Annual Medical Report

11.2The annual medical report contemplated in section 16(1) must includedetails regarding at least the following—

(a)(i)Name of mine.

(ii)Name, address and telephone number of the occupational medicalpractitioner responsible for compiling the annual medical report.

(b)Type of mine. Commodity or commodities being mined.

(c)Total number of employees (including contract workers) who were subjectto medical surveillance in terms of section 13 duringthe reporting period andthe total number of hours worked by those employees.

(d)The number of initial, periodical and exit examinations conducted as partof the medical surveillance system.

(e)An analysis of the employees’ health based on the employees’records of medical surveillance, without disclosing thenames of theemployees.

(f)Comments on the future direction of the medical surveillance system.

(g)The number of employees certified for compensation for occupationaldiseases.

[Reg 11.2 ins by Sch of GoN R1486 in G. 20714.]

11.3Exit certificate

The exit certificate contemplated in section 17 must include detailsregarding at least the following—

11.3.1Particulars of mine

(a)Name of mine;

(b)Types of mine commodities being mined;

(c)Postal address;

(d)Telephone number;

(e)Fax number;

(f)Name of Occupational Medical Practitioner responsible for producing theexit certificates in terms of Section 17(4).

11.3.2Particulars of employees

(a)Name;

(b)Date of birth;

(c)Identification details: Identity number, Passport number, Industry numberand company number;

(d)date of initial medical examination.

11.3.3Exit medical summary

(a)Date of last medical examination;

(b)Clinical comments on chest x-ray (CXY);

(c)International Labour Organisation (lLO) classification of the chest x-ray(CXR) if applicable;

(d)Lung function Testing—

(i)Forced Expiratory Volume in 1 second (FEV1) - actual and predicablepercentages.

(ii)Forced Vital Capacity (FVC) - actual and predicable percentages.

(iii)Ratio of forced Expiratory Volume in 1 second (FEV1)/Forced VitalCapacity (FVC) expressed as a percentage.

(e)Audiometry—

(i)Baseline Audiogram readings (measurement in dB at 0.5,1, 2, 3, 4 KHz) interms of regulation 11.4.

(ii)Baseline Percentage Loss of Hearing (PLH) as contemplated in instruction171, issued by the Compensation Commissioner in termsof the Compensation forOccupational Injuries and Diseases Act, 1993.

(iii)Exit Audiogram readings (measurement is [sic] dB at 0.5,1, 2, 3,4 KHz).

(iv)Exit PLH as contemplated in instruction 171.

(f)Biological monitoring results of the employee, and provide comments onabnormal results.

(g)Occupational diseases previously incurred and current includingseverity.

(h)Any compensation claims submitted and / or compensation received.

(i)Name and signatures of Occupational Medical Practitioner.

(j)Signature of employee, witness and date of receipt by employee of a copyof the exit certificate.

[Reg 11.3 ins by Sch of GoN R1486 in G. 20714; reg 11.3(b)(v);corrected by GoN R303, G. 21029); subs by GoN R1053 in G. 33752, reg2 of GoNR621 in G. 36761.]

NOISE

System of Medical Surveillance

11.4(1)The employer must establish and maintain a system of medicalsurveillance, as contemplated in section 13, of all employeesin any workingplace where the equivalent, continuous A-weighted sound pressure level,normalised to an 84 working day or a 40 hourworking week, is equal to orexceeds 85 dB(A).

Types of Audiograms

11.4(2)The system of medical surveillance contemplated in regulation 11.4(1)must consist of a baseline audiogram, periodic audiogramsand an exitaudiogram.

11.4(3)A competent person must perform all audiograms.

Baseline Audiogram

11.4(4)A baseline audiogram must be recorded before an employee commencesemployment or within 30 days of commencement of employmentin any working placecontemplated in regulation 11.4(1).

11.4(5)Testing for the baseline audiogram must not be done within 16 hoursfrom when an employee has been exposed to an environmentin which the noiselevel was equal to or exceeded 85 dB(A). The use of hearing protection devicesto effect this attenuation willnot be acceptable.

11.4(6)The baseline audiogram is the better of the employee’s twoaudiograms performed on the same day and that do not differfrom each other bymore than 10 dB for any of the following measured test frequencies, i.e. 0.5, 1,2, 3 and 4 kilohertz (kHz).

11.4(7)If it is impossible to obtain two audiograms that comply with therequirements of regulation 11.4(6), the employees must bereferred to acompetent person to establish baseline-hearing levels in accordance withregulation 11.4(6).

11.4(8)If it is impossible for the competent person to establishbaseline-hearing levels as contemplated in regulation 11.4(7), thecompetentperson may establish baseline-hearing levels by using other techniques, such asspeech reception thresholds.

Periodic Audiograms

11.4(9)The employer must ensure that a periodic audiogram is obtained atleast annually for all employees subject to medical surveillancein terms ofregulation 11.4(1).

11.4(10)The periodic audiogram contemplated in regulation 11.4(9) must beperformed at least 16 hours after any exposure of the employeesto a noise levelequal to or exceeding 85 dB(A.) Use of appropriate hearing protection devices toreduce exposure will be acceptable.

Exit Audiogram

11.4(11)In addition to the exit medical examination for the purposes ofsection 17, the employer must arrange an audiogram for everyemployees subjectto medical surveillance in terms of regulation 11.4(1) and who is permanentlytransferred to a working place inrespect of which medical surveillance is notrequired under regulation 11.4(1).

11.4(12)An audiogram conducted within the preceding six months may be usedas an exit audiogram for purposes of section 17 or regulation11.4(11).

[Reg 11.4 ins by Sch of GoN R786 in G. 23498.]


REGULATIONS FOR MEDICAL SURVEILLANCE FOR ASBESTOS DUSTEXPOSURE

ASBESTOS DUST

System of Medical Surveillance

11.5(1)The employer must establish and maintain a system of medicalsurveillance as contemplated in section 13, for all employeeswho perform workin any working place where exposure to asbestos dust occurs in excess of 50% ofthe OEL for asbestos dust as setout in Schedule 22.9(2)(a) and(b).

Types of Examinations to be Performed

11.5(2)The system of medical surveillance contemplated in regulation 11.5(1)must consist of an initial examination, periodic examinationsand an exitexamination.

Initial Examination

11.5(3)The employer must ensure that an initial examination is performedbefore an employee commences employment, or within 30 daysof commencement ofemployment, in any working place contemplated in regulation 11.5(1). The initialexamination must consist of—

(a)the completion of an appropriate respiratory questionnaire aimed atestablishing the employee’s medical profile, includingcurrent and pastcardio-respiratory problems and an occupational history detailing possibleexposure to asbestos dust.

(b)a cardio-respiratory examination, including—

(i)a full size chest x-ray; and

(ii)a lung function test.

Periodic Examinations

11.5(4)The employer must ensure that the following periodic examinations areconducted on all employees required to undergo medicalsurveillance in terms ofregulation 11.5(1)—

(a)a cardio-respiratory examination, including a lung function test, butexcluding a chest x-ray, one year after the initial examinationcontemplated inregulation 11.5(3); and thereafter;

(b)a cardio-respiratory examination, at three yearly intervals, whichincludes—

(i)a full size chest x-ray; and

(ii)a lung function test.

Exit Examination

11.5(5)In addition to the exit medical examination for the purposes ofsection 17, the employer must arrange a cardio-respiratoryexamination for everyemployee subject to medical surveillance in terms of regulation 11.5(1) and whois permanently transferredto a working place in respect of which medicalsurveillance is not required under regulation 11.5(1).

11.5(6)A full size chest x-ray conducted within the preceding 12 months maybe used as the exit, chest x-ray for the purposes ofsection 17 and regulation11.5(5).

11.5(7)A lung function test conducted within the preceding 12 months may beused as the lung function test for the purposes of section17 and regulation11.5(5).

[Reg 11.5 ins by Sch in GoN R1792 in G. 25812.]

REGULATIONS FOR MEDICAL SURVEILLANCE FOR COAL DUSTEXPOSURE

COAL DUST

System of Medical Surveillance

11.6(1)

(a)The employer must establish and maintain a system of medical surveillanceas contemplated in section 13, for all employees whoperform work in any workingplace where exposure to coal dust occurs in excess of 50% of the OEL for coaldust with less than 5%crystalline silica content as set out in Schedule22.9(2)(a) and (b).

(b)If the crystalline silica content of the coal dust is 5% or more, theemployer must establish and maintain a system of medicalsurveillance ascontemplated in regulations 11.7(1) to 11.7(7).

Types of Examinations to be Performed

11.6(2)The system of medical surveillance contemplated in regulation11.6(1)(a) must consist of an initial examination, periodicexaminations and anexit examination.

Initial Examination

11.6(3)The employer must ensure that an initial examination is performedbefore an employee commences employment, or within 30 daysof commencement ofemployment, in any working place contemplated in regulation 11.6(1)(a). Theinitial examination must consist of—

(a)the completion of an appropriate respiratory questionnaire aimed atestablishing the employee’s medical profile, includingcurrent and pastcardio-respiratory problems and an occupational history detailing possibleexposure to coal dust;

(b)a cardio-respiratory examination, including—

(i)a full size chest x-ray; and

(ii)a lung function test.

Periodic Examinations

11.6(4)The employer must ensure that the following periodic examinations areconducted on all employees required to undergo medicalsurveillance in terms ofregulation 11.6(1)(a)—

(a)a cardio-respiratory examination, including a lung function test, butexcluding a chest x-ray, one year after the initial examinationcontemplated inregulation 11.6(3); and thereafter

(b)a cardio-respiratory examination, at three yearly intervals, whichincludes—

(i)a full size chest x-ray; and

(ii)a lung function test.

Exit Examination

11.6(5)In addition to the exit medical examination for the purposes ofsection 17, the employer must arrange a cardio-respiratoryexamination for everyemployee subject to medical surveillance in terms of regulation 11.6(1)(a) andwho is permanently transferredto a working place in respect of which medicalsurveillance is not required under regulation 11.6(1)(a).

11.6(6)A full size chest x-ray conducted within the preceding 12 months maybe used as the exit chest x-ray for the purposes of section17 and regulation11.6(5).

11.6(7)A lung function test conducted within the preceding 12 months may beused as the lung function test for the purposes of section17 and regulation11.6(5).

[Reg 11.6 ins by Sch in GoN R1792 in G. 25812.]

REGULATIONS FOR MEDICAL SURVEILLANCE FOR SILICA DUSTEXPOSURE

CRYSTALLINE SILICA DUST

System of Medical Surveillance

11.7(1)The employer must establish and maintain a system of medicalsurveillance as contemplated in section 13, for all employeeswho perform workin any working place where exposure to crystalline silica dust occurs in excessof 10% of the OEL for crystallinesilica dust as set out in Schedule 22.9(2)(a)and (b).

Types of Examinations to be Performed

11.7(2)The system of medical surveillance contemplated in regulation 11.7(1)must consist of an initial examination, periodic examinationsand an exitexamination.

Initial Examination

11.7(3)The employer must ensure that an initial examination is performedbefore an employee commences employment, or within 30 daysof commencement ofemployment, in any working place contemplated in regulation 11.7(1). The initialexamination must consist of—

(a)the completion of an appropriate respiratory questionnaire aimed atestablishing the employee’s medical profile, includingcurrent and pastcardio-respiratory problems and an occupational history detailing possibleexposure to silica dust.

(b)a cardio-respiratory examination, including—

(i)a full size chest x-ray; and

(ii)a lung function test.

Periodic Examinations

11.7(4)The employer must ensure that the following periodic examinations areconducted on all employees required to undergo medicalsurveillance in terms ofregulation 11.7(1)—

(a)a cardio-respiratory examination, including a lung function test, butexcluding a chest x-ray, one year after the initial examinationcontemplated inregulation 11.7(3); and thereafter

(b)a cardio-respiratory examination, at three yearly intervals, whichincludes—

(i)a full size chest x-ray; and

(iii)a lung function test.
[Editor Note: Numbering as per originalGazette.]

Exit Examination

11.7(5)In addition to the exit medical examination for the purposes ofsection 17, the employer must arrange a cardio-respiratoryexamination for everyemployee subject to medical surveillance in terms of regulation 11.7(1) and whois permanently transferredto a working place in respect of which medicalsurveillance is not required under regulation 11.7(1).

11.7(6)A full size chest x-ray conducted within the preceding 12 months maybe used as the exit chest x-ray for the purposes of section17 and regulation11.7(5).

11.7(7)A lung function test conducted within the preceding 12 months may beused as the lung function test for the purposes of section17 and regulation11.7(5).

[Reg 11.7 ins by Sch in GoN R1792 in G. 25812.]

11.8 REPORTING OF OCCUPATIONAL DISEASES

(1)The employer must report to the Principal Inspector of mines any of thefollowing occupational diseases within 30 days from thedate of diagnosis as aresult of working in the mines—

(a) Occupational lung diseases;

(b) Other occupational diseases as covered by the Compensation forOccupational Injuries and Diseases Act, 1993 (Act 130 of 1993)as amended(“COIDA”), or Occupational Diseases in the Mines andWorks Act, 1973 (Act 78 of 1973) as amended(“ODMWA”);

(c) Noise Induced Hearing Loss (when Percentage Loss of Hearing (PLH) shiftis 5% or more);

(d) Other illnesses that may impact on the health and safety of employees,as determined through instructions by the Chief Inspectorof mines.

(2) In reporting the reportable occupational diseases listed in Regulation11.8(1) using the form DMR 231 Health Incident Report(HIR) Form, the followingmust be considered.

(a) Occupational lung diseases

(i) Silicosis and Coal Worker’s Pneumoconiosis (CWP)

A radiological diagnosis of silicosis or coal-workers’ pneumoconiosisthat takes into account—

(a) History of significant exposure to airborne silica or coal dust; and

(b) Chest X-ray consistent with silicosis or coal-workers’pneumoconiosis; or

(c) Lung tissue pathology consistent with silica or coal-workers’pneumoconiosis exposure where history has been done at postmortem.

(ii)Cardio-respiratory Tuberculosis

Tuberculosis affecting the respiratory organs and/or the heartmuscles—

(a) Where an employee was exposed and contracted the disease whileperforming risk work at a mine; or

(b) Within 12 months after leaving employment.

(b) Other Occupational Lung Diseases

These include other occupational lung diseases with significant correlationwith the risk in that particular mine which are also compensableunder“ODMWA” or “COIDA”.

(c) Noise Induced Hearing Loss

This includes an impairment of hearing as a result of exposure to excessivenoise at a mine with—

(i) PLH shift of more than or equal to 5% from the baseline audiometry;and

(ii) PLH shift of more than 5% where baseline audiometry is unknown orregarded as zero.

(d) Other Illnesses

Other illnesses that may impact on the health and safety of employees, asdetermined through instructions by the Chief Inspector ofMines. These mayinclude lifestyle diseases such as diabetes, hypertension etc.

(3) Occupational diseases referred to in Regulation 11.8(1)(a), (b) and (c)must be reported on a prescribed form to the PrincipalInspector of Mines within30 days from the date of diagnosis; and other illnesses referred to inRegulation 11.8.1(d) based on aninstruction from the Chief Inspector ofMines.

[Reg 11.8 ins by GoN R701 in G. 37980.]

11.9(9)RECORD OF HAZARDOUS WORK

(a)An up to date copy of the employee’s Record of Hazardous Workrecorded in prescribed form DMR 276 must be delivered to theMedical Inspectorand also attached to the Exit Certificate as contemplated in terms of Section 14of the Act.

(Please note that a copy of Form DMR 276 will beprovided upon request. Kindly refer to our website for our contactdetails.)

[Reg 11.9 ins by reg 4 of GoN R621 in G. 36761.]

CHAPTER 13

OUTLETS, LADDERWAYS AND TRAVELLING WAYS

Outlets

13.1(1)The employer must prevent employees from being trapped in anyunderground excavation by providing whenever practicable, fromevery undergroundworking place, two exits, each of which is connected to separate means of egressto the surface.

13.1(2)Where it is not practicable to provide two exits as contemplated inregulation 13.1(1) above, the employer must implementother reasonablypracticable measures, determined by the mine’s risk assessment, to preventemployees from being trapped inany underground excavation.

[Reg 13.1(2) am by GoN R 90 in G. 30698.]

13.1(3)Except in the case of emergency no person may enter or leave theunderground workings of a mine except by means of ingressor egress especiallyprovided or set apart for that purpose by the employer unless such person isauthorised to do so by the employer.

13.1(4)The following regulations promulgated under Minerals Act, 1991 (Act50 of 1991) in force in terms of item 4 of Schedule 4of the Act, are herebyrepealed—

Chapter 6

Chapter 16

Chapter 19

6.1.1

16.98

19.1

6.1.2

16.98.1

19.2.1

6.1.3

16.98.2

19.2.2

6.2.1

16.98.3

19.3.1

6.2.2

16.98.4

19.3.2

6.2.3

16.98.5

19.3.3

6.2.4

16.99

19.3.4

6.2.5

16.100

19.4

6.3.1

16.101

19.5

6.3.2

16.102

19.6

6.3.2.1

16.103


6.3.2.6

16.103.1


6.3.2.7

16.103.2


6.3.2.8

16.104


6.3.2.12



6.3.3.1



6.3.3.2



6.3.3.3



6.3.3.4



6.3.3.5



6.3.3.6



6.9



6.11



[Chapter 13 ins by Sch in GoN R1224 in G. 28333; reg 13.1(4)rep and subs by GNR 90 in G. 30698.]

CHAPTER 14

PROTECTION OF THE SURFACE AND THEWORKINGS

FALL OF GROUND REGULATIONS

Entering of working places

14.1At every underground mine where a risk of rock bursts, rock falls orroof falls exists, and at every other mine where a significantrisk of rockbursts, rock falls or roof falls exists, the employer—

14.1(1)may not permit any person, other than those persons examining andmaking safe, to enter any of the following areas at themine until such areasare declared safe by competent persons—

(a)the area between the face and the nearest line of permanent support;and

(b)access ways, travelling ways or places where persons need to travel orwork;

14.1(2)must ensure that the examinations for purposes of regulation 14.1(1)are carried out as often as may be required, in termsof the mine’s riskassessment, to maintain a safe working environment;

14.1(3)must ensure that a record of declarations contemplated in regulations14.1(1) and 14.1(5) is kept for a period of at leastthree months;

14.1(4)must ensure that where areas contemplated in regulation 14.1(1) havenot been examined, made and declared safe, persons areprevented frominadvertently entering such areas;

14.1(5)must ensure, if at any time a working place or part thereof becomesunsafe during a shift, that all persons, other than thoseexamining and makingsafe, are removed from such unsafe area and are not permitted to return theretountil declared safe by a competentperson;

14.1(6)must ensure that a quality, assurance system is in place, whichensures that the support units used at the mine provide therequired performancecharacteristics for the loading conditions expected;

14.1(7)must ensure that only competent persons install, maintain and removeany support unit;

14.1(8)must ensure that the input of a competent person is properly andtimeously considered and integrated into mine design, planningandoperations.

[Regs 14.1 ins by Sch of GoN R959 in G. 23615 wef 1 January2003.]

14.2No person, other than those persons examining and making safe, may enterany of the areas contemplated in regulation 14.1(1)until such areas have beendeclared safe as contemplated in regulations 14.1(1) and 14.1(5).

[Regs 14.2 ins by Sch of GoN R959 in G. 23615 wef 1 January2003.]

14.3The following regulations made under the Minerals Act, 1991 (Act 50 of1991) in force in terms of Schedule 4 of the Mine Healthand Safety Act, 1996(Act 29 of 1996) are hereby repealed

7.1
7.2.2
7.4.5
8.1.1
8.1.2
8.1.3
8.1.5
8.1.6
8.2
8.3.1
8.3.2

8.4.2(a), (b) and(d)
8.4.3
8.4.4.1
8.4.4.2
8.4.4.3
8.4.5
8.8
8.9.1,8.9.2
8.9.6
8.10.11

[Regs 14.1 – 14.3 ins by Sch of GoN R959 in G. 23615 wef1 January 2003.]

14(4)The employer must take reasonable measures to ensure where thecondition at any working place pose or might pose a significantrisk to thehealth and safety of persons resulting from an ingress of water or other fluidmaterial likely to cause drowning, asphyxiation,inundation, physical impact,chemical exposure or being trapped, that all working places are adequatelyprotected against such ingressof water or other fluid material.

14(5)The employer must take reasonable measures to ensure that no person isendangered by any significant risks such as falling,drowning, slipping,asphyxiation or being struck by rock or other material associated withsubsidences or cavities brought aboutby mining operations.

14(6)The employer must take reasonable measures to ensure that no person isendangered by any significant risks such as the collapseof surface buildingsand structures thereon associated with structural failure as a result of theremoval of any type of supportprovided for the protection of the surface of amine or structures or objects thereon.

14(7)The following regulations made under the Minerals Act, 1991 (Act 50 of1991), in force in terms of Schedule 4 of the Mine Healthand Safety Act, 1996(Act 29 of 1996) are hereby repealed—

5.1.1

5.1.2

5.2

5.3.3

5.3.4

5.4.5

5.4.6

5.5

5.6.1

5.6.2

5.6.3

5.7

5.10

[Regs 14(4), (5), (6) and (7) ins by Sch in GoN R1323 in G.26963.]

CHAPTER 16

RESCUE, FIRST AID AND EMERGENCY PREPAREDNESS ANDRESPONSE

Report to Employer Relating to Explosions, Fires and Flooding

16.1(1)The employer must ensure that a competent person reports to theemployer, at appropriate intervals determined in accordancewith themine’s risk assessment, on the adequacy of escape and rescue procedures atthe mine relating to explosions, firesand flooding.

[Reg 16.1 ins by Sch of GoN R904 in G. 23583.]

Issuing of Self-Contained Self-Rescuers

Coal Mines

16.2(1)The employer of every coal mine must ensure that no person goesunderground at the mine without a body-worn self-containedself-rescuer, whichcomplies with the South African Bureau of Standards specification SABS1737.

Mines other than Coal Mines

16.2(2)If at any mine other than a coal mine, the risk assessment in termsof section 11 shows that there is a significant risk thatemployee’s maybe exposed to irrespirable atmospheres at any area at the mine, the employermust ensure that no person goesinto such area without a body-wornself-contained self-rescuer, which complies with the South African Bureau ofStandards specificationSABS 1737.

Sole Allocation of aSelf-Contained Self-Rescuer

16.2(3)Any body-worn self-contained self-rescuer supplied to any employee,employed in a full-time capacity at the mine, in termsof subregulations 16.2(1)and 16.2(2), must be allocated to the employee for that employee’s soleuse for the duration of thedeployment of that self-contained self-rescuer atthe mine or until that self-contained self-rescuer becomes defective and theemployeeis issued with another self-contained self-rescuer as required by theseRegulations.

[Reg 16.2 ins by Sch of GoN R569 in G. 23410 wef 1 September2002.]

No Defective Self-Contained Self-Rescuer isIssued

Employer to ensure no defective self-contained self-rescueris issued

16.3(1)The employer must ensure that no defective self-containedself-rescuer is issued for use to any employee at a mine.

[Reg 16.4 ins by Sch of GoN R569 in G. 23410 wef 1 September2002.]

Monitoring Programme

Annual testing of a Self-Contained Self-Rescuer

16.4(1)The employer must annually have a representative sample of theself-contained self-rescuers at the mine tested by an organisationaccredited todo so in terms of the South African National Accreditation System for assessmentof the structural integrity and functionalperformance.

Such representative sample must not be less than 1% of the self-containedself-rescuers at the mine and must be representative ofthe age and deploymentof the self-contained self-rescuers.

Record keeping

16.4(2)The employer must keep the following information, on self-containedself-rescuers at the mine, covering the preceding 24 months—

(a)total number and makes of self-contained self-rescuers in service at themine;

(b)number and make of self-contained self-rescuers purchased by the mine inthat period;

(c)number and make of self-contained self-rescuers withdrawn from use by themine in that period;

(d)the number of shifts worked per day (1, 2 or 3);

(e)number of self-contained self-rescuers in daily use (average for eachmonth);

(f)number of employees underground (average per shift);

(g)number of spare self-contained self-rescuers available (average permonth);

(h)a tabulation of the type of defects found;

(i)number of self-contained self-rescuers repaired/refurbished; and

(j)number of self-contained self-rescuers tested in terms of regulation16.4(1).

[Reg 16.4 ins by Sch of GoN R569 in G. 23410 wef 1 September2002.]

Emergency Preparedness and Response

Definitions

For purposes of regulation 16.5, unless the context indicatesotherwise—


“emergency” means a situation, event or set ofcircumstances at a mine that could threaten the health or safety of persons ator off the mine,and which requires immediate remedial action, such as theevacuation, rescue or recovery of persons, to prevent serious injury orharm, orfurther serious injury or harm, to persons;


“breathing apparatus” means an apparatus, whichrenders the user independent from breathing from the atmosphere for a minimum oftwo hours.

16.5(1)The employer at every underground mine must—

(a)provide and maintain, readily available at the mine, mine rescue teams,consisting of at least five competent persons, per minerescue team, in thefollowing minimum proportions determined by the maximum number of persons whocould be underground at any onetime—

(i)where there could be between 100 and 1100 persons underground, at leastone mine rescue team;

(ii)where there could be between 1101 and 3600 persons underground at leasttwo mine rescue teams;

Side note: Reference is made to the Guideline for the Compilation of aCode of Practice on Emergency Preparedness and Response. Reference16/3/2/1-A5,as issued by the Chief Inspector of Mines, in terms of section 9.2 of the MineHealth and Safety Act.

(iii)where there could be between 3601 and 8100 persons underground at leastthree mine rescue teams; and

(iv)where there could be more than 8100 persons underground at least threemine rescue teams and at least one additional mine rescueteam for everyadditional 6300 persons who could be underground;

(b)have readily available, at the mine for use by the rescue team memberscontemplated in regulation 16.5(1)(a), sufficient breathingapparatus that maybe required in any emergency and which breathing apparatus must continuallycomply with SANS 50145:1997/EN 145:1997“Respiratory protective devices -Self-contained closed-circuit breathing apparatus - Compressed oxygen orcompressed oxygen-nitrogentype - Requirements, testing, marking”;

(c)enter into a contract with a mines rescue service provider to coordinateand facilitate the provision of mines rescue teams andother services, relatingto an emergency, on a cooperative basis; and

(d)immediately notify such mines rescue service provider should anyemergency occur at the mine that may require the use of rescueteam members,contemplated in 16.5(1)(a), or the use of the services of such mines rescueservice provider.

16.5(2)For the purposes of regulation 16.5(1)(c) and (d), a mines rescueservice provider must—

(a)be an organisation / institution which has personnel with specialistknowledge and experience in mines rescue and emergenciesand which has access torescue equipment and training facilities, including facilities for HeatTolerance Testing, Workload Testingand Simulated Training;

(b)render an emergency rescue service on a co-operative basis;

(c)provide mines rescue services with emphasis on mobilisation of minerescue teams, quantity or access to rescue teams, emergencycommunication,additional emergency resources, back up facilities and transport;

(d)ensure that any breathing apparatus that may be used by mine rescue teamscontinually complies with SANS 50145: 1997/EN 145:1997“Respiratoryprotective devices - Self-contained closed circuit breathing apparatus -Compressed oxygen or compressed oxygen-nitrogentype - Requirements, testing,marking”;

(e)ensure that their personnel is competent to check and maintain any rescueequipment used by it in accordance with the OriginalEquipmentManufacturer’s specifications;

(f)test and maintain the functional performance of any other rescueequipment used by it in accordance with the Original EquipmentManufacturer’s specifications; and

(g)ensure that the rescue team members used by them to provide mines rescueservices meet the qualification requirements as prescribedin Chapter 22.

16.5(3)Every mines rescue service provider, referred to in regulation16.5(2), must—

(a)keep a register of all persons who have been found competent to practiceas a rescue team member by that mines rescue serviceprovider;

(b)implement and maintain a system to issue licences to practice to personscontemplated in 16.5(3)(a) and who meet such criteriaas determined by therescue service provider, which criteria must include at least thefollowing—

(i)the person has not attained the age of 46 years;

(ii)the person has been declared medically fit in terms of the requirementsof the mine’s “Code of Practice on MinimumStandards of Fitness toPerform Work at the Mine” as may be amended from time to time. prepared inaccordance with the: Guidelinefor the Compilation of a Mandatory Code ofPractice on Minimum Standards of Fitness to Perform Work at a Mine;

(iii)the person has undergone and passed the Heat Tolerance Test, conductedin terms of Chamber of Mines of South Africa ResearchOrganisation ResearchReport No. 29/87 - “A guide to the selection and classification of rescuebrigadesmen on the basis ofHeat tolerance”, initially and thereafter atintervals not exceeding 24 months;

(iv)the person has undergone refresher-training sessions as determined bythe mines rescue service provider at intervals of not morethan three months. Atleast two of these trainings per annum must be in a mine or simulated mine, inan atmosphere filled with smoke,whilst using a breathing apparatus; and

(v)the person has undergone and passed the Work Load Test, conducted interms of the Chamber of Mines of South Africa S & TSCircular No. 39 / 93dated 5 April 1993, initially and thereafter at intervals not exceeding 12months.

(c)monitor compliance by persons, issued with a licence to practice by it,with the requirements contemplated in regulation 16.5(3)(b)and suspend orrevoke any such licence if the person no longer meets any of those requirements,and re-issue a licence when the personagain meets the requirements.

16.5(4)Whenever an emergency occurs at a mine that requires the deploymentof mine rescue teams, the employer and any mines rescueservice providernotified in terms of regulation 16.5(1)(d) and whose assistance has beenrequested, must take reasonable measuresto ensure that the required mine rescueteams are deployed as soon as possible.

16.5(5)No employer or mines rescue service provider may allow any rescueteam member contemplated in regulation 16.5(1)(a) to bedeployed as a member ofa mine rescue team during an emergency unless such rescue team member is inpossession of a valid licenceto practice, as contemplated in regulation 16.5(3)and has passed a pre-operational medical examination, determined by the minesrescue service provider, to ensure that the rescue team member is medically fitat the time to be so deployed.

[Reg 16.5 ins by GoN 86 in G. 30697.]

Refuge bays

16.6(1)The employer of every underground mine must ensure that—

(a)readily accessible refuge bays are provided in the underground workingsof the mine; and

(b)where a mine is required to have self-contained self-rescuers in terms ofregulation 16.2 above, such refuge bays are locatedwithin the limits ofprotection afforded by the self-contained self-rescuers in use at the mine, whenbeing used.

16.6(2)The employer must take reasonably practicable measures to ensure,that having regard to the number of persons likely to bepresent in the areaserved by the refuge bay, every refuge bay complies with at least thefollowing—

(a) is of sufficient size;

(b) is equipped with means for the sufficient supply of respirable air;

(c) is equipped with a sufficient supply of potable water;

(d) is equipped with sufficient ablution facilities;

(e) is equipped with sufficient illumination;

(f) is equipped with sufficient first aid equipment;

(g) is equipped with efficient means to communicate verbally to surface;

(h) is situated, where practicable, in an area not being used for storage ofcombustible material or close to such an area;

(i) is constructed in such a way that air containing noxious smoke, fumes orgases will not enter the refuge bay;

(j) a plan of the escape route is displayed in the refuge bay, indicatingthe position of the refuge bay in relation to the shaftor any other egress oraccess way to the surface;

(k) a sign is displayed in the refuge bay, setting out the emergencyprocedures to be followed in the refuge bay and relevant emergencyphonenumbers; and

(l) has a means to facilitate clear identification of the location of therefuge bay from the outside in poor visibility.

16.6(3) The employer must take reasonably practicable measures to ensurethat every refuge bay is examined to ensure compliance with16.6(2)(a) to(l)—

(a) at least once every 30 days by a person appointed in terms of regulation2.15.1 or 2.17.1 in force in terms of item 4 of Schedule4 of the Act or anyother employee of a higher ranking;

(b) at least once every 90 days by a person appointed in terms of section 12of the Act, or by a person who holds the IntermediateCertificate in MineEnvironmental Control, issued by the Chamber of Mines of South Africa, workingunder the control of a personappointed in terms of section 12 of the Act.

16.6(4)The employer must take reasonably practicable measures to ensure thata written report on the inspection contemplated in regulation16.6(3)(b) isprovided within seven days to the manager appointed in terms of section3(1)(a).

[Reg 16.6 ins by GoN R906 in G. 38216.]

CHAPTER 17

SURVEYING, MAPPING AND MINE PLANS

17(1)DEFINITIONS

In this Chapter, unless the context indicates otherwise—

“bedded mineral deposit” means any reef, coal seam, lode,mineral bed or fissure, which occurs conformably within its country rock and isnot of a massivenature;

“chart datum” means the Lowest Astronomical Tide in allports of the Republic of South Africa and Namibia as determined from time totime by theHydrographer of the South African Navy;

“competent person” for purposes of regulation 17(2)(a)means—

(a)in the case of an underground mine or a surface mine where blasting takesplace, a person in possession of a Mine Surveyor’sCertificate ofCompetency issued by the Department; or

(b)in the case of a surface mine where blasting does not take place, aperson in possession of a Mine Surveyor’s Certificateof Competency issuedby the Department; or

a person who has passed the examination for mining legislation as is requiredfor the Mine Surveyor’s Certificate of Competencyissued by the Departmentand who is in possession of either—

(i)an Advanced Certificate in Mine Surveying issued by the Chamber of Minesof South Africa and who has at least three years practicalexperience in minesurveying; or

(ii)a National Diploma in Mine Surveying issued by a tertiary institutionaccredited by the Department of Education; or

(iii)a person who has been assessed competent against a qualificationrecognised by the Mining Qualification Authority for this purpose.

(c)in the case of mining at sea, a person in possession of a MineSurveyor’s Certificate of Competency issued by the Department;or

a person who has passed the examination for mining legislation as requiredfor the Mine Surveyor’s Certificate of Competencyissued by the Departmentand who is in the possession of either—

(i)a qualification in Hydrographic Surveying recognised by the Council forProfessional and Technical Surveyors of South Africa forregistration in thecategory of Technician; or

(ii)a person who has been assessed competent against a qualificationrecognised by the Mining Qualifications Authority for this purpose.

“Director: Mine Surveying” means the person appointed assuch by the Department in terms of the Public Service Act of 1994;

“fixed position” means any point other than a surveystation which is fixed within the relevant accuracy requirements for theclass of survey concerned, and which is used for the purpose oflocating detailsto be shown on plans;

“fluid material” means any substance, excluding gas, thathas a potential to flow, including water, slimes and mud;

“hazardous service” means any object, structure orinstallation rendering a service with a potential risk to health or safety;

“plan(s)” means any plan, section or projection requiredto be prepared by these Regulations;

“professional geotechnical specialist” means a person whois registered with—

(a)the Engineering Council of South Africa as a Professional Civil Engineerand is registered in the subcategory of GeotechnicalEngineering; or

(b)the South African Council for Natural Scientific Professions as aProfessional Scientist in the field of engineering geology;

“reserve land” means any piece of land over which aservitude is registered or reserved for possible registration of a servitude inrespect of roads,railways, power lines, pipe lines, conveyor lines, canals,etc.;

“restricted area” means any area where mining isrestricted due to significant risk;

“risk assessment” means the hazard identification and riskassessment required in terms of section 11 of the Act;

“safety pillar” means every portion of a reef, mineraldeposit or ground left in situ for the support and protection of thesurface, objects thereon or underground workings;

“sea” means the sea as defined in the NationalEnvironmental Management: Integrated Coastal Management Act 2008 (Act 24 of2008);

“survey point” means any easily identifiable point locatedby localised surveying, other than a survey station;

“survey station” means any point that has been surveyedwithin the prescribed standards of accuracy; and

“workings” means any excavation made or being made for thepurpose of searching for or winning minerals or for any purpose connectedtherewith.


GENERAL REQUIREMENTS AT SEA AND ON LAND


APPOINTMENT OF COMPETENT PERSONS

17(2)

(a)The employer must appoint a competent person to be incharge of surveying, mapping and mine plans at the mine, and if the services ofmore than one competent person are engaged, ensure that theirfunctions do not overlap. The Chief Inspector of Mines may require theappointment of more than onecompetent person where in his opinionsuch an appointment is necessary.

(b)The employer must in writing inform the Chief Inspector of Mines of theappointment of any competent person in terms of regulation17(2)(a), and of the termination of any such appointment, within seven days ofthe date of such appointmentor termination. In the case of an appointment, thenotification must include—

(i)the name of the competent person;

(ii)certified copies of all relevant qualifications of the competent person;and

(iii)whether the appointment of the competent person is full time or parttime.

(c)In the case of an underground mine, one competent personappointed under regulation 17(2)(a) must be able to reach the mine in the caseof those emergencies and within such time(s), as determinedin terms of themine’s risk assessment. Such emergencies and time(s) must be included inthe mine’s mandatory Code ofPractice for Emergency Preparedness andResponse.

Appointment at two or more mines

(d)The competent person appointed at any mine by the employerunder regulation 17(2)(a) may not in addition be appointed under regulation17(2)(a) as a competent person at any other mine, except with thewritten permission of the Chief Inspector of Mines and subject to such terms andconditions asthe Chief Inspector of Mines may determine.

Period permitted without a Competent Person

(e)The employer must take reasonable measures to ensure that no mine isworked without a competent person appointed under regulation17(2)(a) for more than 60 days in any period of 6 consecutive months. Theemployer must in writing appointa suitably qualified person to perform thefunctions of the competent person under this Chapter during suchperiod of 60 days or portion thereof, as the case may be.

DUTIES AND RESPONSIBILITIES

17(3)

(a)The competent person appointed under regulation 17(2)(a),and the suitably qualified person appointed under regulation 17(2)(e) are notresponsible forthe accuracy of the surveying done before theirappointments.

(b)No person may withhold from the employer any survey records orplans prepared in terms of these Regulations.

17(4)The employer must take reasonable measures to ensure, in all surveyingand mapping done and all plans prepared for purposes of theseRegulations by the competent person, that—

Units of Measure

(a)all units of measure conform to the metric system, except angularmeasurements which must conform to the sexagesimal system;

Survey System

(b)all mine survey systems conform to the National Control Survey System asdetermined by the Chief Director: Surveys and Mappingas contemplated in theLand Survey Act, Act 8 of 1997. The projection origin may be changed to reducethe numerical values of theco-ordinates. Survey systems established on a mineprior to 1 January 1999 may be retained provided that a tabulation of theco-ordinatesof at least three survey stations, in both theexisting mine survey system and the National Control Survey System, are shown onevery sheet comprising a plan;

Datum Plane (Mining on land)

(c)elevations determined above and below ground on mines established after12 November 2004, refer to mean sea level, based on theSouth African LandLevelling Datum as determined by the Chief Director: Surveys and Mapping ascontemplated in the Land Survey Act,Act 8 of 1997.

Datum Plane (Mining at sea)

(d)bathymetric elevations determined at sea refer tochart datum;

Colours and Sign Conventions

(e)all plans conform to the conventional signs and coloursprovided by the Director: Mine Surveying;

Back up and storage of Data

(f)if any plans required in terms of this Chapter are keptelectronically, they are adequately backed up; and

(g)all survey records are securely stored in a dry and fire proof place whennot in use.

SAFETY PRECAUTIONS

Responsibilities regarding safety precautions

17(5)The employer must take reasonable measures to ensure that thecompetent person referred to in regulation 17(2)(a) is at alltimes aware of—

(a)workings which are being advanced;

(b)surface structures or objects which may be affected by mining;

(c)workings which are being abandoned or closed down, in orderto allow the final surveying thereof;

(d)all workings or any place on surface where there is, or islikely to be, a dangerous accumulation of fluid material, noxiousor flammable gas; and

(e)safety pillars that are being, or have been, removed.

17(6)The employer must take reasonable measures to ensure that thecompetent person referred to in regulation 17(2)(a) in writingnotifies the employer, which notification must be dated, of anyworkings being advanced to come within—

(a)a horizontal distance of 100 metres from reserve land,buildings, roads, railways, dams, waste dumps or any other structure whatsoeverincluding structures beyond the mining boundaries,or from any surface, which itmay be necessary to protect in order to prevent any significant risk.

(b)50 metres from any excavation, workings, restricted area orany other place where there is, or is likely to be a dangerous accumulation offluid material, noxious or flammable gas. Such notification mustinclude a sketch plan giving the distance to such place from the nearestsurvey station.

17(7)The employer must take reasonable measures to ensure that—

(a)no mining operations are carried out within a horizontal distance of 100metres from reserve land, buildings, roads, railways, dams, wastedumps, or any other structure whatsoever including such structures beyond themining boundaries,or any surface, which it may be necessary to protect in orderto prevent any significant risk, unless a lesser distance has beendeterminedsafe by risk assessment and all restrictions and conditionsdetermined in terms of the risk assessment are complied with;

(b)workings coming within 50 metres, from any otherexcavation, workings, restricted area or any otherplace where there is, or is likely to be a dangerous accumulation of fluidmaterial, noxious or flammable gas are mined subject to suchrestrictions and stopped at such positions as determined by riskassessment.

(c)where ground movement, as a result of mining operations, posessignificant risk, an effective ground movement monitoring systemis inplace.

(d)survey records and plans relating to conditions describedin paragraphs (a) and (b) above, are made available to the persons doing therisk assessment.

17(8)No person may erect, establish or construct any buildings, roads,railways, dams, waste dumps, reserve land, excavations or anyother structures whatsoever within a horizontal distance of 100 metres fromworkings, unless a lesser distance has been determinedsafe—

(a)in the case of the employer, by risk assessment and allrestrictions and conditions determined in terms of the riskassessment are complied with; or

(b)in the case of any other person, by a professional geotechnicalspecialist and all restrictions and conditions determined by him or heror by the Chief Inspector of Mines are complied with;

17(9)The person(s) responsible for activities in terms of regulations17(7)(a) and 17(8) must—

(a)in the case of an employer, provide the Chief Inspector of Mines with thedistance and accompanying restrictions and conditionsfor comment; and

(b)in the case of other persons, provide the Chief Inspector of Mines withthe distance and accompanying restrictions and conditionsfor approval.

17(10)No mining operations, erecting, establishment, or construction, ascontemplated in regulations 17(7)(a) and 17(8) respectively,may take placeuntil such written comment or approval, as referred to in 17(9)(a) and 17(9)(b),has been obtained.

Boundary Pillars

17(11)The employer must take reasonable measures to ensure that on theinside of every mine boundary, continuous pillars are leftstanding (in situ)the width of which, measured horizontally and at right angles to the boundaryline, must not be less than—

(a)for underground coal mines, 15 metres;

(b)for all other mines, nine metres.

17(12)The employer must take reasonable measures to ensure that no boundarypillars are worked or cut through unless written permissionhas been obtainedfrom all relevant adjacent employers and the Principal Inspector of Mines,provided that in the absence of anyadjacent employer, permission need only beobtained from the Principal Inspector of Mines to work or cut through suchboundary pillars.

Check Survey

17(13)Should the Director: Mine Surveying be of the view thatthere may be errors in any survey or plans constructed there from or where theydo not conform to the standardsof accuracy required by these Regulations, he orshe may cause a check survey to be carried out. The cost of such check surveymustbe borne by the employer if it is proved that there are errors in anysurvey or plans constructed there from, or that they do notconform to the standards of accuracy required by these Regulations.

SURVEY PRACTICE ON LAND (SURFACE AND UNDERGROUND) AND AT SEA

17(14)The employer must take reasonable measures to ensure in all surveyingand mapping done and all plans prepared for purposes of theseRegulations by the competent person, that—

Survey Stations

(a)sufficient survey stations are established, so that allsurface objects and all workings can be accurately surveyed. Eachsurvey station must be clearly marked with a unique number andrecorded in a register;

Standards of Accuracy: Surface and Underground

(b)the minimum standard of accuracy and class of survey for the fixing ofsurvey stations on both horizontal and vertical planes are inaccordance with the following formula—

S
A = 0,015 + ------------
30000

where S is the distance in metres between the known and the unknownsurvey station; provided that in the case of a traverse, after acheck survey has been completed, the error in direction of a line between anytwoconsecutive survey stations must not exceed two minutes ofarc, provided that the horizontal and vertical displacement between the measuredposition and finalposition of a survey station does not exceed0,1 metres;

(i)the allowable error for a Primary Survey (Class A) is not greater than Ametres. Primary Survey means any survey carried out forthe purpose of fixingshaft positions, shaft stations, underground connections, upgrading of secondarysurveys to primary surveysand establishing primary surface survey control;

(ii)the allowable error for a Secondary Survey (Class B) is not greater than1,5A metres. Secondary Survey means any survey carriedout for the purpose offixing main or access development, mine boundaries and establishing secondarysurface survey control;

(iii)the allowable error for a Tertiary Survey (Class C) is not greater than3A metres. Tertiary Survey includes survey stations establishedfrom secondary survey stations for localised survey purposes;

(iv)the allowable error for a Localised Survey is not greater than 0,2metres in addition to the allowable error at the nearest surveystation. Localised Survey means measurements taken from a survey networkto locate surface or underground workings, structures andfeatures. This includes normal tape triangulation for month-end measurements,plugging, offsetting and tachometricwork;

Accurate Representation on Plan

(v)errors in representation on plan do not exceed 0,1% of thedenominator of the scale of the plan, in addition to the allowablesurvey error at the nearest survey station or fixedposition. Where accurate surveying is not possible due to significantrisks, the estimated position of affected workings or objects mustbe indicated on the plan by broken lines and with reasons whyaccurate measurements could not be made;

Standards of Accuracy at Sea

(c)all fixed positions determined at sea for the purpose oflocating detail to be shown on plans, comply with the standards asset out in column 1b of Table 1 in the Minimum Standards of the InternationalHydrography Organisation(IHO) Standards, 5th Edition, dated February2008;

Details required on Plans

(d)the following detail is depicted on all plans whereapplicable—

(i)the name of the reef, lode or mineral bed;

(ii)planes of sections or planes of plans;

(iii)a subject heading indicating the name of the mine and the name of theplan;

(iv)the name and signature of the competent person forpurposes of regulation 17(2)(a) against the relevant date of updating;

(v)the identification number allotted by authorities;

(vi)the survey system and co-ordinates of origin used;

(vii)a north point;

(viii)the scale of the plan;

(ix)a legend illustrating colours and conventional signs not provided for bythe Director: Mine Surveying;

(x)co-ordinate lines sufficient in number for the scale of theplan to be verified;

(xi)in the case of mining at sea, also geographic co-ordinates of the centrepoint of the sheet (longitude and latitude);

(xii)in the case of mining at sea, also the relationship between the SouthAfrican Land Levelling Datum and the latest chart datumdetermined;

Material and Size of the Plans

(e)all plans are drawn on durable transparent draughtingmaterial on sheets of a size not greater than AO as defined by the InternationalOrganisationfor Standardisation. The Director: Mine Surveying mayrequest in the case of plans produced by means of computer aideddraughting (CAD), that such plans be produced on suitabledraughting material;

Scale of Plans - Land

(f)all plans are drawn to a scale of 1:1 500 in the case of acoal mine, and 1:1000 in the case of any other mine, unless specificallyprovidedotherwise in these Regulations;

Scale of Plans - Sea

(g)in the case of mining at sea, the generalplan referred to in regulation 17(25) is drawn to a legiblescale;

Plans to be Kept Up to Date

(h)plans are at all times correct to within 12 months, exceptfor the plans showing the workings which must at alltimes be correct to within three months. In the case of offshore prospecting andmining, plans must at all times be correct to within sixmonths;

Inventory of Plans

(j)an inventory of all plans and all copies called for interms of regulation 17(26) is kept, showing the following details—

(A)the name of the mine;

(B)the name and number of the plan;

(C)the date of the last updating of the plan and the name ofthe competent person for purposes of regulation 17(2)(a);

(D)the relevant details where a plan has been superseded;and

Superseded Plans

(k)when a plan or sheet is superseded by anotherplan or sheet, the old and the new plan arereferenced accordingly.

RESPONSIBILITY FOR MINE PLANS

17(15)The employer must take reasonable measures to ensure that thecompetent person referred to in regulation 17(2)(a)—

(a)constructs accurate plans, as contemplated in regulations17(16) to 17(25), which are readily available to the employer. Suchplans must cover all restricted areas and the areaswhere the surface infrastructure and workings occur; and

(b)determines the accuracy of any plan or drawing which wasnot prepared by him or her, where any inaccuracy on any such planor drawing may create a risk of endangering the health or safety of anypersons.

PLANS TO BE KEPT

Index Key Plan

17(16)A legible index key plan, showing the areas covered bythe relevant plan sheets, the mine boundaries and the farm namesand boundaries within and adjacent to the mine, or this detail may be shown oneveryplan sheet as an inset key plan drawn to alegible scale.

Surface Plan

17(17)A plan of the surface showing the boundaries of themining area, names of adjacent mining areas, the primary surface surveystations, outcrops and dips of the mineral deposits, perimeters of allsurface mining, shafts, openings, rescue boreholes, subsidence or cavities,areas of restricted mining affecting the surface, any hazardousservices whether on surface or buried and every surface object,structure or reserve land which requires protection againstmining.

Surface Contour Plan

17(18)A surface contour plan showing relevant mine and farmboundaries, original surface contours, boreholes and watercourses.

Mine Ventilation and Rescue Plan

17(19)At every underground mine, a ventilation and rescue planof the workings, taking into consideration the requirements ofregulation 17(22), drawn to a legible scale and depicting the ventilationdistricts,the direction of air currents, the quantity of air circulating insuch ventilation district, the position of each permanent fan,door, regulator,crossing, stopping, telephone, refuge bay, rope-aided or normal escape route,safe place, first aid room, main watervalve, fire fighting equipment site,emergency power source and any area sealed off for fire or spontaneouscombustion—

(a)A square grid, lettered horizontally and numbered vertically, drawn to asuitable scale must be shown on the plan contemplated inregulation 17(19).

(b)The information relating to the ventilation aspects of theplan in subregulation (19) must be provided by the personauthorised by the employer to do so and must be certified as accurate on theplan by that person.

(c)An updated hard copy of the plan contemplated in regulation17(19) must be immediately available at the mine for rescue operation purposes.In the case of a coalmine, an updated hard copy must be submitted to thePrincipal Inspector of Mines at intervals not exceeding three months.

Mine Residue Deposit Plans

17(20)Plans (including sections) showing mine residue depositscontaining fluid material.

Geological Plan

17(21)A plan, drawn to a legible scale, depicting geologicalfeatures that could affect mining, or these features may be shown on theplan(s) referred to in regulation 17(22).

Plans of the Workings

17(22)Plans of the workings showing thefollowing: boundaries of the mining area; names of adjacent mining areas;outlines and dips of the workings, date of measurement on theexcavated side of the outline of the workings, heights representative ofworkings, survey stations; relevant surveypoints; areas in which mining has been restricted or prohibited; dams;explosives magazines; lines indicating the planes of sections; faults;dykes andany containment wall or any explosion proof seal, showing the designed staticpressure in Kilo Pascal (kPa) of such wallsand seals—

(a)In the case of underground mines—

(i)Where a bedded mineral deposit has an average inclinationto the horizontal of more than 60°, a plan showing the projection ofthe workings onto a vertical plane parallel to the averagestrike.

(ii)Where multiple bedded mineral deposits overlie each other,the workings thereof must be shown on separateplans.

(iii)Where a massive or irregular ore body is worked, levelplans and vertical sections through the workingsmust be kept.

(b)In the case of surface mines—

(i)Where bedded mineral deposits are worked by surface miningmethods, there must be shown on the surface plan sufficient dataregarding the thickness and elevation of every mineral deposit worked in asuitable grid pattern. As an alternativeto the grid pattern data, verticalsections may be kept, the lines of which must be indicated on the surfaceplan.

(ii)Where massive or irregular deposits are worked, levelplans or vertical sections or a composite planshowing all the bench outlines, must be kept.

Level Plans

17(23)Level plans must show the outline of allworkings at suitably chosen elevations. In the case of undergroundmines, the detail required in regulation 17(22) must be shown.

General Plan - Mining on Land

17(24)A general plan showing the detail required inregulations 17(17), 17(18) and 17(22)(a) on one plan instead of onthree separate plans, or a general surface planshowing the detail required in regulations 17(17) and 17(18) on oneplan instead of two separate plans, may beconstructed.

General Plan — Mining at Sea

17(25)A general plan showing the boundaries of the miningarea, the names of adjacent mining areas, bathymetric contours, dates of miningand the localityof semi permanent production rigs and platforms.

Departmental copies of plans

17(26)The employer must provide the Principal Inspector of Mines annuallywith updated copies of the plans. In the case of computer aideddraughting (CAD), legible plans in book form (approximately A3size) or a copy of the index key plan referred to in regulation17(16), indicating additionally the outlines of the workings aswell as the surface infrastructure, and a copy of the back-up referred to inregulation 17(4)(f) must be provided.

Unsatisfactory Plans

17(27)Where in the opinion of the Director: Mine Surveyingplans are deficient, he or she may have the mine surveyed and newplans prepared at the expense of the employer.

Plans Confidential

17(28)The Principal Inspector of Mines and the Director: MineSurveying must keep information contained in any planconfidential and may only release such information in accordance with thePromotion of Access to Information Act (Act 2 of 2000).

MINE CLOSURE

Plans brought Up to Date

17(29)The employer must take reasonable measures to ensure that, before amine is abandoned, closed or rendered inaccessible—

(a)the plans and departmental copies thereof referred to inregulation 17(26) are brought up to date by the competent personreferred to in regulation 17(2)(a) and that the Director: MineSurveying is notified to inspect such plans and the copiesthereof for approval; and

(b)where the surface has been disturbed by mining, a rehabilitationplan is drawn, to a legible scale, showing the final surfacecontours and established water courses and that the Director: MineSurveying is notified to inspect such plan forapproval.

Plans and Books to be handed in

17(30)The employer must take reasonable measures to ensure that updated hardcopies of the plans, copies referred to in regulation 17(26) andinventories thereof on durable draughting material, together with thesurvey station register are handed in at the office of theDirector: Mine Surveying, following the inspection and approval ofthe plans as contemplated in regulation 17(29).

Updating of Surface Plans

17(31)The employer must take reasonable measures to ensure, whererehabilitation is completed after cessation of mining, that thesurface andrehabilitation plans contemplated in regulations 17(17) or (24)and (29)(b) are updated upon such completion.

Certificate of compliance

17(32)The Director: Mine Surveying must issue a certificate ofcompliance with the requirements of regulations 17(29) and 17(31) to theemployer within 60 calendardays of compliance in respect of the saidregulations.

[Chapter 17 ins by Sch in GoN R1304 in G. 26963; am by GoN R89in G. 30698; subs by GoN R447 in G. 34308.]

CHAPTER 18

TRIPARTITE INSTITUTIONS

Nomination of members to represent employees and owners

18.1(1)Nominations for the appointment of members of every tripartiteinstitution are invited by notice in the Gazette from—

(a)every registered trade union with employees as members to representemployees; and

(b)every employers’ organisation with owners as members to representowners.

[18.1(1)-Section 98 (1) (zC) empowers the Minister to makeregulations for the appointment of members to the Council.]
[18.1(1)-Section98 (zD) empowers the Minister to make regulations for the appointment of membersto the Mining Qualifications Authority.]
[18.1(1)-Schedule 2 allows for thenomination and appointment of members to tripartite institutions.
Nominationof members to represent employees and owners.]

18.1(2)Every nomination must be submitted in writing within 30 days of thenotice referred to in subregulation (1) and must contain—

(a)the name, address and a short curriculum vitae of the nominee;

(b)the tripartite institution for which the person is nominated;

(c)if submitted by—

(i)a registered trade union, a statement of the number of employees who aremembers of the union; or

(ii)an employer’s organisation, a statement of the number of employeesemployed by the members of the organisation; and

(d)any other information or documentation required in the notice.

18.1(3)Any registered trade union or employer’s organisation that hassubmitted a nomination must, within 15 days of receivinga request from theMinister, provide such further information or documentation as the Minister mayreasonably request regarding suchnomination, including but not limited toinformation or documentation necessary to verify a statement contemplated insubregulation(2).

18.1(4)The nomination period referred to in subregulation (2) may beextended.

Appointment of members representing employees

18.2The Minister must appoint persons, nominated under regulation 18.1(2) torepresent employees as members of tripartite institutionsso that—

(a)the members are all nominated by agreement between registered tradeunions representing at least 75% of employees belonging tosuch trade unions inthe mining industry; or

(b)failing agreement in terms of paragraph (a)—

(i)at least half the members are persons nominated by a registered tradeunion or unions representing the majority of employees belongingto registeredtrade unions in the mining industry; and

(ii)the rest are persons nominated by registered trade unions with membersemployed in the mining industry and appointed in accordancewith thesignificance in the mining industry of the trade unions concerned.

Appointment of members representing owners

18.3The Minister, must appoint persons, nominated under regulation 18.1(2)to represent owners in the mining industry, as membersof tripartiteinstitutions so that—

(a)the members are all nominated by agreement between employers’organisations whose members employ at least 75% of employeesin the miningindustry; or

(b)failing agreement in terms of paragraph (a)—

(i)at least half the members are persons nominated by an employer’sorganisation or organisations whose members employ themajority of the employeesin the mining industry; and

(ii)the rest are persons nominated by employers’ organisations andappointed in accordance with the significance in the miningindustry of theorganisations concerned.

Appointment of members representing departments of State

18.4The Minister, after consulting the Chief Inspector, must appoint themembers representing departments of the State on every tripartiteinstitutions[sic].

Term of office of members

18.5(1)A member of a tripartite institution is appointed for a period ofthree years.

18.5(2)Despite subregulation (1), a person appointed to replace a member ofa tripartite institution who has vacated office beforethe expiry of suchmember’s term of office, is appointed for the remainder of thatmember’s term of office.

18.5(3)Every member of a tripartite institution is eligible forreappointment after the expiry of such member’s term of office.

18.5(4)If for any reason a person to replace a member of a tripartiteinstitution is not appointed at the expiry of the period ofoffice of suchmember, the Minister may extend the period of office of such member for a periodnot exceeding six months.

Filling of casual vacancies

18.6(1)If a member vacates office in terms of the Constitution of thetripartite institution before the expiry of such member’sterms of office,subject to subregulation (2)—

(a)the party that nominated the member is invited to nominate a replacement;and

(b)the Minister must appoint the person nominated as a member of thetripartite institution concerned.

[18.6(1)-Section 97 (3) empowers the Minister, afterconsulting the Council to add to this Act, Schedule 5 containing theconstitutionof the Council and its permanent committees.]

18.6(2)If the party contemplated in subregulation (1)(a) no longer satisfiesthe representative requirements of regulation 18.2 or18.3—

(a)nominations of persons to fill the vacancy are invited in terms ofregulation 18.1; and

(b)the Minister must appoint a person to fill the vacancy in terms ofregulation 18.2 or 18.3.

18.6(3)If a member representing a department of the State on a tripartiteinstitution vacates office before the expiry of such member’sterm ofoffice, a person must be appointed to fill the vacancy in terms of regulation18.4.

Publication of names of members

18.7The names of persons appointed in terms of these Regulations, theirperiod of office and the parties who they represent are publishedby notice inthe Gazette.

CHAPTER 20

DEFINITIONS

  1. Inthese Regulations a word or phrase to which a meaning has been assigned in thisAct has that meaning and, unless the context otherwiseindicates—

“Audiogram” means a chart, graph or table indicating thehearing threshold levels of an individual as a function of frequency (viz. 0.5,1, 2,3, 4, 6 and 8 kilohertz), as determined during a measurement of aperson’s hearing threshold levels by means of monaural, pure-tone,air-conduction threshold tests;

[“Audiogram” ins by Sch of GoN R786 in G.23498.]

“braking system” means a device or combination of devicescapable of reducing the speed of a locomotive or trainto a standstill including emergency brake, park brake and servicebrake;

[“braking system” ins by Sch in GoN R583 in G.26333.]

“Cardio-respiratory examination” means a clinicalexamination of the cardio-respiratory system including a full size chest x-rayand a lung function test;

[“Cardio-respiratory examination” ins by Sch inGoN R1792 in G. 25812.]

“dynamic type test” means the test conducted on atrain to determine the deceleration rate and brakingefficiency;

[“dynamic type test” ins by Sch in GoN R583 in G.26333.]

“Full size chest x-ray” means a chest x-ray using aphotographic plate measuring 35cm x 35 cm or 35 cm x 42 cm or the digitalequivalent;

[“Full size chest x-ray” ins by Sch in GoN R1792in G. 25812.]

“locomotive” means a self-propelled railbound machinewhich requires either a driver for manual operation or an operator for automaticoperation;

[“locomotive” ins by Sch in GoN R583 in G.26333.]

“Lung function test” means the measurement of the inspiredand expired volume of air by means of a spirometry;

[“Lung function test” ins by Sch in GoN R1792 inG. 25812.]

“Principal Inspector of Mines” means the officer appointedby the Chief Inspector to be in charge of health and safety in any regionestablished by Government NoticeR. 92 of 15 January 1997; and

“rolling stock” means any railbound equipment that is notself-propelled;

[“rolling stock” ins by Sch in GoN R583 in G.26333.]

“static test” means the test carried out to determine thecompliance of the brake holding power of a locomotivebraking system measured against the design specification or anappropriate safety standard;

[“static test” ins by Sch in GoN R583 in G.26333.]

“train” means one or more locomotives androlling stock, all attached;

[“train” ins by Sch in GoN R583 in G. 26333.]

“tripartite institution” means the Council and itspermanent committees and the Mining Qualifications Authority.

[Chapter 20 subs by reg 4 of GoN R846 in G. 18078.]

CHAPTER 21

FORMS
(Please note that a copy of the listedforms will be provided upon request. Kindly refer to our website for our contactdetails.)

FORM

DESCRIPTION

DME 132 (SAMRASS 1)

ACCIDENT AND DANGEROUS OCCURRENCE REPORT

DME 200 (SAMRASS 2)

INJURY REPORT FORM

DME 136 (SAMRASS 3)

ROCKBURST AND FALL OF GROUND ACCIDENT

DME 201 (SAMRASS 4)

1 – 13 DAY INJURIES

DME 133 (SAMRASS 5)

EXPLOSIVES

DME 134 (SAMRASS 6)

FIRE

DME 135 (SAMRASS 7)

SUBSIDENCES (COAL MINES)

DME 137 (SAMRASS 8)

HEAT STROKE / HEAT EXHAUSTION QUESTIONNAIRE

DME 202 (SAMRASS 9)

REPORT ON DATE RESUMED WORK

[Chapter 21, forms SAMRASS 1 – 9, ins by Sch of GoNR134 in G. 22055.]

Report Form 21.9(2)(a)

Airborne Pollutants – Particulates Personal Exposure ReportForm

[Forms 21.9(2)(a) ins by Sch of GoN R904 in G. 23583; am byreg 3 of GoN R1226 in G. 28333.]

Report Form 21.9(2)(b)

Airborne Pollutants – Gases and Vapours Personal Exposure ReportForm

[Forms 21.9(2)(b) ins by Sch of GoN R904 in G. 23583; am byreg 3 of GoN R1226 in G. 28333.]

Report Form 21.9(2)(c)

Heat Stress Exposure Report Form

[Form 21.9(2)(c) ins by Sch of GoN R904 in G. 23583; am byreg 3 of GoN R1226 in G. 28333.]

Report Form 21.9(2)(d)

Cold Stress Exposure Report Form

[Form 21.9(2)(d) ins by Sch of GoN R904 in G. 23583; am byreg 3 of GoN R1226 in G. 28333.]

Report Form 21.9(2)(e)

Personal Noise Exposure Report Form

[Form 21.9(2)(e) ins by reg 3 of GoN R1226 in G.28333.]

Report Form 21.9(2)(f)

Operations Details Report Form

[Form 21.9(2)(f) ins by reg 3 of GoN R1226 in G.28333.]


Form DMR 231

Health Incident Report (HIR)

[Form DMR 231 ins by GoN R702 in G. 37980; subs by GoN R906in G. 38216.]

CHAPTER 22

SCHEDULES

COMPETENT PERSON FOR PRIMARY BLASTING, SECONDARY BLASTINGAND BLASTING ASSISTANTS


COMPETENT PERSON FOR EXPLOSIVES

22.4.1(1)For purposes of—

  1. Regulation4.4(1) “competent person” means a person who is in charge of workmenin a working place at the mine and whois the holder of a certificate orqualification recognised by the Department for this purpose, valid for the classof mine to whichthe mine belongs.
  1. Regulation4.4(3) “competent person” means a person who—

(a)has been assessed and found competent against a skills programmerecognised by the MQA for this purpose; or

(b)

(i)is qualified by virtue of his / her knowledge, training, skills andexperience to perform the activities contemplated in regulation4.4(3);

(ii)is familiar with the provisions of regulation 4 which apply to the workto be performed by the person; and

(iii)has been trained to recognise any potential or actual danger to healthor safety that may arise from the work to be performedby the person.

[Chapter 22.4 ins by GoN R1279 in G. 29458; subs by GoN R584in G. 38970 wef 10 October 2015.]


Machinery and Equipment

22.8.6(4)For purposes of regulation 8.6(4) the competent person means aperson who is a certificated electrical or mechanical engineeror has anappropriate qualification registered on the National Qualifications Frameworkand recognised by the Mining QualificationsAuthority for this purpose.

[Reg 22.8.6(4) ins by Sch in GoN 911 in G. 29214.]

22.8.7(2)The competent person referred to in regulation 8.7(2) means aperson who—

(i)is a certificated electrical or mechanical engineer or has an appropriatequalification registered on the National QualificationsFramework and which isrecognised by the MQA for this purpose;

(ii)is familiar with the type of refrigeration and air conditioning plantsused at the mine in so far it concerns aspects of safety,construction,erection, operation, inspection and testing of such plants; and

(iii)is familiar with any relevant national or international Standards,Codes of Practice and specifications related to the typeof refrigeration, andair conditioning plants used at the mine.

[Reg 22.8.7(2) ins by Sch in GoN 911 in G. 29214.]

22.8.10Hazardous Location

22.8.10.1The competent person referred to in regulation 8.10.1 means aperson who—

(i)is the holder of a Certificate of Competency for mechanical or electricalengineering issued by the Chief Inspector of Mines andhas knowledge andexperience in the design, construction and maintenance of equipment in theHazardous Location and is conversantwith the relevant SANS Standards; or

(ii)has been assessed competent against a qualification recognised by theMQA this purpose.

22.8.10.2The competent person referred to in regulation 8.10.2(f) means aperson who—

(i)

(a)is in possession of an Electrician Trade certificate issued by theDepartment of Labour under the Manpower Training Act or whohas been assessedcompetent against a skills programme or qualification recognised for thispurpose by the Mining QualificationsAuthority;

(b)has the experience in the design, construction, installation, operationand maintenance of the type of electrical apparatus usedin a hazardous locationon which he is required to work at the mine; and

(c)is conversant with the relevant SANS Standards referred to in theregulations; or

(ii)has been assessed competent against a qualification recognised by theMQA this purpose.

22.8.10.3The competent person referred to in regulation 8.10.2(n) means aperson who—

(i)

(a)is in possession of Diesel Mechanic Trade certificate issued by theDepartment of Labour under the Manpower Training Act or whohas been assessedcompetent against a skills programme or qualification recognised for thispurpose by the Mining Qualification Authority;

(b)has the experience in the design, construction, installation, operationand maintenance of type of diesel equipment on which heis required to work at amine; and

(c)is conversant with the relevant SANS Standards referred to in theregulations; or

(ii)been assessed competent against a qualification recognised by the MQAthis purpose.

[Reg 22.8.10 ins by GoN R1068 in G. 33763.]

22.8.13VESSELS UNDER PRESSURE

22.8.13The competent person1 referred to in regulation 8.13(9),8.13(11), 8.13(17) means a person—

1.1who is the holder of a Certificate of Competency for Mechanical orElectrical Engineers (Mines and Works) issued by the Department;or

1.2who has been assessed competent against a qualification, skills programmeor unit standards recognised by the Mining QualificationAuthority for thispurpose; or

1.3who is the holder of a valid certificate of registration:“Competent Person Pressure Vessels” issued by the SouthAfricanQualification and Certification Committee for competent persons (pressurevessels and boilers).

[Reg 22.8.13 ins by GoN R1068 in G. 33763.]

22.9(2)OCCUPATIONAL HYGIENE

22.9(2)

(a)OCCUPATIONAL EXPOSURE LIMITS FOR AIRBORNE POLLUTANTS


In this Schedule the following terms / abbreviations have the meaningsas set out below.

TERMS


“Asbestos” means any of the following minerals: -Crocidolite, Amosite, Chrysotile, Fibrous actinolite, Fibrous anthophyllite,Fibrous tremolite,and any mixture containing any of these minerals.


“Occupational exposure limit” (OEL) means the timeweighted average concentration for an eight hour work day and a 40 hour workweek to which nearly all workers maybe repeatedly exposed without adversehealth effects.


“Occupational exposure limit - Ceiling limit” (OEL -C) means an instantaneous value which must never be exceeded during any partof the working exposure.


“Occupational exposure limit - Short term exposure limit”(OEL-STEL) means a 15-minute TWA exposure which should not be exceeded atany time during a workday even if the eight-hour TWA is within theOEL-TWA.Exposures above the OEL-TWA up to the STEL should not be longer than 15 minutesand should not occur more than four timesper day. There should be at least 60minutes between successive exposures in this range. An averaging period otherthan 15 minutesmay be recommended when this is warranted by observed biologicaleffects.


For those substances for which no OEL-STEL have been specified, excludingairborne particulates, a figure of three times the occupationalexposure limitis to be used when controlling short-term excursions in exposure.

“Respirable particulates” means the respirable fraction ofairborne particulates.


“Inhalable particulates” means airborne particulatesas collected by a personal gravimetric sampler without particle sizeselection.

ABBREVIATIONS

CAS =Chemical Abstracts Service is an organisation under the AmericanChemical Society. CAS Numbers are used to identify specificchemicals ormixtures.

ppm = parts per million

mg/m3 = milligrams per cubic metre

Sk = Skin absorption

Sen = Capable of causing respiratory sensitisation

f/ml = fibres per millilitre

2006 OCCUPATIONAL EXPOSURE LIMITS FOR AIRBORNEPOLLUTANTS

Tabulation shows inhalable particulates unless indicated tobe respirable
(Please note that a copy of the above Table will beprovided upon request. Kindly refer to our website for our contactdetails.)

[Table subs by reg 2 of GoN R989 in G. 29276.]

22.9(2)

(b)OCCUPATIONAL EXPOSURE LIMITS FOR PHYSICAL AGENTS

(i)NOISE

(1)Noise Exposure : 85 dBLAeq, 8h

(2)Peak Sound Level : 135 dB(A)

(ii)THERMAL STRESSES

(1)Wet Bulb (°C): 32.5

(2)Dry Bulb (°C): 37

(3)Mean Radiant Temperature (°C): 37

(4)Equivalent Chill Temperature (°C): 4

22.9(2)(c)POTABLE WATER

(i)Quality

MINE HEALTH AND SAFETY REGULATIONS (4)

(ii)Macro, Micro Determinants and Bacteriological Limits

MINE HEALTH AND SAFETY REGULATIONS (5)

(iii)Other Constituents

The water shall not contain any other constituents in concentrations, whichmay render it unsuitable for use as drinking water.

[Reg 22.9(2) ins by Sch of GoN R904 in G. 23583.]

22.10.2Water Storage and Pumping

22.10.2(2)

(a)Competent Person1

For purposes of regulation 10.2(2)(a) the competent person1 meansa person who is registered as a professional engineer with the EngineeringCouncil of South Africa and is competent in the designof underground dam walls,plugs and barricades.

[Reg 22.10.2(2)(a) ins by GoN R94 in G. 30698.]

22.10.4(2)

(b)Competent Person2

For the purpose of regulation 10.2(2)(b) and (c) competent person2means a person who—

(a)is the holder of a Certificate of Competency for mechanical or electricalengineering issued by the Chief inspector of Mines andhas knowledge andexperience in the design, construction and maintenance of dams and plugs; or

(b)has been assessed competent against a qualification recognised by the MQAfor this purpose.

[Reg 22.10.4(2)(b) (should be 22.10.2(2)(b)) ins by GoN R94 inG. 30698.]

22.10.3Draw Points, Tipping Points, Rock Passes and Box Fronts

22.10.3(1)

(a)The competent person referred to in regulation 10.3(1)(a) means a personwho is registered with the Engineering Council of SouthAfrica as a professionalengineer or professional technologist or who has been assessed competent againsta qualification recognisedby the Mining Qualification Authority for thispurpose.

22.10.3(2)

(a)The competent person referred to in regulation 10.3(2)(a) means a personwho is the holder of a Certificate of Competency forMechanical or ElectricalEngineers (Mines and Works) issued by the Department or who has been assessedcompetent against a qualificationrecognised.

[Reg 22.10.3 ins by GoN R94 in G. 30698.]

22.10.3Water Storage and Pumping

22.10.3.1The “competent person 1” referred to in10.3(2)(a) means a person who is registered as a professional engineer with theEngineering Council of SouthAfrica.

22.10.3.2The “competent person2” referred to inregulations 8.10(2)(b) and (c) means a person who—

(a)is the holder of a Certificate of Competency for mechanical or electricalengineering issued by the Chief Inspector of Mines andhas knowledge andexperience in the design, construction and maintenance of dams and plugs;and

(b)has been assessed competent against a qualification recognised by the MQAfor this purpose.

[Second Reg 22.10.3 ins by GoN R1068 in G. 33763.]

22.10.4Draw Points, Tipping Points, Rock Passes and Box Fronts

22.10.4(1)

(a)The “competent person1” referred to in regulation10.4(1)(a) means a person who—

(a)is registered with the Engineering Council of South Africa as aprofessional engineer or professional technologist; or

(b)has been assessed competent against a qualification recognised by theMining Qualification Authority for this purpose.

22.10.4(2)

(b)The “competent person2” referred to in regulation10.4(2)(b) means a person who—

(a)is the holder of a Certificate of Competency for Mechanical or ElectricalEngineers (Mines and Works) issued by the Department;or

(b)who has been assessed competent against a qualification recognised.

[Reg 22.10.4 ins by GoN R1068 in G. 33763.]

22.14.1

22.14.1(1)For the purpose of regulations 14.1.1, 14.1.5 and 14.1.7, acompetent person means a person who—

(a)is in possession of a valid certificate of competency, recognised forthis purpose by the Mining Qualifications Authority; or

(b)has been assessed competent against a unit standard, skills programme orqualification, recognised for this purpose by the MiningQualificationsAuthority.

[Reg 22.14.1(1) ins by Sch of GoN R959 in G. 23615 wef on 1January 2003; subs by reg 1 of GoN R886 in G. 25097; GoN 34 in G.29544.]

22.14.1(7)...

[Reg 22.14.1(7) ins by Sch of GoN R959 in G. 23615 wef on 1January 2003; subs by reg 2 of GoN R886 in G. 25097; rep by reg 2 of GoN34 inG. 29544.]

22.14.1(8)For purposes of Regulation 14.1(8) competent person means a personwho is at least in possession of either the Chamberof Mines Certificate in RockMechanics (Metalliferous Mines), or the Chamber of Mines Certificate in RockMechanics (Coal Mines),whichever is appropriate for the type of mineconcerned.

[Reg 22.14.1(8) ins by Sch of GoN R959 in G. 23615 wef on 1January 2003.]

22.15(5)

(a)The competent person referred to in regulations 5.1(1) must be inpossession of the following—

(i)Where the competent person performs the obligationsunderground

(1)Certificate in Mine Environmental Control, issued by the Chamber of Minesof South Africa.

(ii)Where the competent person performs the obligations onsurface

(1)lntermediate Certificate in Mine Environmental Control, issued by theChamber of Mines of South Africa, and be certified as anOccupational Hygienistby the Southern African Institute for Occupational Hygiene;

or

(2)Certificate in Mine Environmental Control, issued by the Chamber of Minesof South Africa.

[Reg 22.15(5) ins by Sch of GoN R904 in G. 23583.]

22.15(8)

(a)The competent person referred to in regulation 8.2(6) must be inpossession of the following—

(i)An Electrical or Mechanical Certificate of Competency for Mines and Worksissued by the Chief Inspector of Mines;

(ii)A B degree in Electrical or Mechanical Engineering.

[Reg 22.15.8(a) ins by GoN R583 in G. 26333.]

22.15(9)

(a)The competent person referred to in regulations 9.2(3) must be inpossession of the following—

(i)Where the competent person performs the obligationsunderground

(1)Certificate in Mine Environmental Control, issued by the Chamber of Minesof South Africa.

(ii)Where the competent person performs the obligations onsurface

(1)Intermediate Certificate in Mine Environmental Control, issued by theChamber of Mines of South Africa, and be certified as anOccupational Hygienistby the Southern African Institute for Occupational Hygiene;

(2)Certificate in Mine Environmental Control, issued by the Chamber of Minesof South Africa.

[Reg 22.15(9) ins by Sch of GoN R904 in G. 23583.]

22.15(11)

(a)“Competent person” for purposes of subregulation 11.4(3)means—

(i)A person registered with the Health Professions Council in any of thefollowing three categories—

(a)as an ear, nose and throat specialist;

(b)in speech therapy and audiology; or

(c)as an occupational medical practitioner; or

(ii)A person qualified in audiometric techniques from an institutionregistered with the relevant Education and Training QualityAssurer (ETQA)registered in terms of the South African Qualifications Authority Act (Act 58 of1995).

(b)“Competent person” for purposes of subregulations 11.4(7) and11.4(8) means—

(i)A person registered as an audiologist with the Health ProfessionsCouncil.

[Reg 22.15(11) ins by Sch of GoN R786 in G. 23498.]

22.15(16)

(a)For purposes of Regulation 16.5(1)(a), competent person means a personwho—

(i)has passed a course of training approved for this purpose by the ChiefInspector of Mines—

OR

(ii)has been assessed and found competent against applicable unit standards,skills programme and / or a qualification recognisedfor this purpose by theMining Qualifications Authority (MQA).

[Reg 22.15(16)(a) ins by GoN 86 in G. 30697.]

TECHNICAL COMPETENCIES

Electrical

22.16.3.1 Design of electrical apparatuses

The competent person referred to in regulation 3.1(1); means a person who isregistered with the Engineering Council of South Africaas a professionalengineer and who by virtue of his or her knowledge and experience is competentto design, select and approve electricalsystems and installations.


Control of electrical apparatuses

22.16.3.2The competent person referred to in regulation 3.1(2), 3.3.2means—

(a) where the only power supply to the mine is a single phase power supplyat a domestic voltage, this person is a person who—

(i) is in possession of an installation electrician certificate issued bythe Department of Labour under the Manpower Training Actor who has beenassessed competent against a skills programme or qualification recognised forthis purpose by the Mining QualificationsAuthority; and

(ii) has at least two years post qualification experience in theconstruction, installation, operation and maintenance of the typeof electricalapparatus and reticulation systems on which he or she is required to work at themine.

(b) notwithstanding 1.1, where a multi-phase power supply of lowvoltage is supplied to a mine (even if single phase power is used atsome parts of the mine) this person is a person who—

(i) is in possession of an installation electrician certificate issued bythe Department of Labour under the Manpower Training Actor who has beenassessed competent against a skills programme or qualification recognised forthis purpose by the Mining QualificationsAuthority; and

(ii) has at least two years post qualification experience in theconstruction, installation, operation and maintenance of the typeof electricalapparatus and reticulation systems on which he is required to work at themine.

(c) notwithstanding 1:1 and 1.2, where power supplies above lowvoltage is supplied to a mine (even if domestic orlow voltage power is used at some parts of the mine), this personis a person who—

(i) is the holder of a Certificate of Competency for Mechanical orElectrical engineer issued by the Department of Mineral Resourcesand who byvirtue of his knowledge and experience is competent in the construction andinstallation of electrical apparatuses andreticulation systems; or

(ii) has been assessed competent against a qualification recognised for thispurpose by the Mining Qualifications Authority.


Installation, repairs and maintenance of electricalapparatuses

22.16.3The competent person referred to in regulation 3.1.3 means aperson who has—

Qualifications under the Skills Development Act, Act 97 of 1998 as—

(a) an electrician or millwright; or

(b) a competency or competencies recognised by the Mining QualificationAuthority for these purposes and has at least two years postqualificationexperience in the construction, installation, operation and maintenance of thetype of electrical apparatus and reticulationsystems on which he or she isrequired to work at the mine.

22.16.4 Energise, de-energise or isolation of electricalapparatuses

The competent person referred to in regulation 3.3.3 means a person orpersons, who collectively hold the following—

Qualifications under the Skills Development Act, Act 97 of 1998 as—

(a) an electrician or millwright; or

(b) a competency or competencies recognised by the Mining QualificationAuthority for these purposes and has at least two years postqualificationexperience in the construction, installation, operation and maintenance of thetype of electrical apparatus and reticulationsystems on which he or she isrequired to work on at the mine;

(c) has, attended a skills programme recognised by the Mining QualificationsAuthority for this purpose; and

(d) has two years experience in doing switching on medium voltageapparatuses.

[Reg 22.16 ins by GoN R330 in G. 38708.]

CHAPTER 23

REPORTING OF ACCIDENTS AND DANGEROUSOCCURRENCES
[Heading of Chapter subs by item 1 of Sch in GoN R787 in G.23498.]

ACCIDENTS TO BE REPORTED

23.1The employer must report to the Principal Inspector of Mines in themanner prescribed in this chapter any accident at the minethat resultsin—

(a)the death of any employee;

(b)an injury, to any employee, likely to be fatal;

(c)unconsciousness, incapacitation from heatstroke or heat exhaustion,oxygen deficiency, the inhalation of fumes or poisonous gas,or electric shockor electric burn accidents of or by any employee and which is not reportable interms of paragraph (d);

(d)an injury which either incapacitates the injured employee from performingthat employee’s normal or a similar occupationfor a period totaling 14days or more, or which causes the injured employee to suffer the loss of ajoint, or a part of a joint,or sustain a permanent disability;

(e)an injury, other than injuries referred to in paragraph (d), whichincapacitates the injured employee from performing that employee’snormalor a similar occupation on the next calendar day.

23.2(1)An accident referred to in paragraph (a), (b) or (c) of regulation23.1 must be reported immediately by the quickest meansavailable and must beconfirmed without delay on Forms SAMRASS 1 and 2 prescribed in Chapter 21.

23.2(2)An accident referred to in paragraph (d) of regulation 23.1 must,after the accident becomes reportable, be reported withinthree days on FormsSAMRASS 1 and 2 prescribed in Chapter 21.

23.2(3)The Form SAMRASS 9 must be submitted on a monthly basis for allpersons not having returned to work at the time of submittingSAMRASS 2 on amonthly basis.

23.2(4)An accident referred to in paragraph (e) of regulation 23.1 must bereported without delay on a monthly basis, on Form SAMRASS4 prescribed inChapter 21.

23.3(1)Where the death of an employee, referred to in regulation 23.1(a) isrelated to a rockburst or fall of ground, the duly completedForm SAMRASS 3,prescribed in Chapter 21, for such rockburst or fall of ground must be forwardedby the employer to the PrincipalInspector of Mines within 14 days of suchdeath.

23.3(2)When an injury results in the death of the injured employee after thereport in terms of regulation 23.1 (b), (c), (d) or(e) has been given or when aslight injury, which was not reportable, results in the death of the injuredemployee, or when generalsepsis or tetanus develops as a result of an injury,the employer must immediately report it to the Principal Inspector of Minesandwithout delay submit amended Form SAMRASS 1 prescribed in Chapter 21.

23.3(3)Where the injury of a person referred to in regulation 23 (1) or adangerous occurrence referred to in regulation 23.4(o),is related to the use ofexplosives, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 5,prescribed in Chapter 21,must be forwarded by the employer to the PrincipalInspector of Mines within 14 days of such occurrence.

23.3(4)Where the injury of a person referred to in regulation 23 (1) or adangerous occurrence referred to in regulation 23.4 (f)is related to fires, inaddition to Form SAMRASS 1, the duly completed Form SAMRASS 6, prescribed inChapter 21, must be forwardedby the employer to the Principal Inspector ofMines within 14 days of such occurrence.

23.3(5)Where the injury of a person referred to in regulation 23 (1) or adangerous occurrence referred to in regulation 23.4 (b)is related to asubsidence in a coal mine, in addition to Form SAMRASS 1, the duly completedForm SAMRASS 7, prescribed in Chapter21, must be forwarded by the employer tothe Principal Inspector of Mines within 14 days of such occurrence.

23.3(6)Where the injury of a person referred to in regulation 23 (1) isrelated to heat stroke or heat exhaustion, in addition toForm SAMRASS 1, theduly completed Form SAMRASS 8, prescribed in Chapter 21, must be forwarded bythe employer to the Principal Inspectorof Mines within 14 days of suchoccurrence.

DANGEROUS OCCURRENCES TO BE REPORTED

23.4The employer must report to the Principal Inspector of Mines in themanner prescribed in this Chapter any of the following dangerousoccurrences atthe mine—

(a)ROCKBURSTS AND FALLS OF GROUND

An extensive rockburst or fall of ground causing the following damageunderground—

(i)At least 10 linear metres of working face has been severely damaged andchoked and will require re-establishment and re-supporting,or be abandoned;

(ii)At least 25m2 of working area has been severely damaged andchoked rendering support units ineffectual and will have to be re-establishedand re-supportedor be abandoned;

(iii)At least 10 linear metres of gully has been restricted with rockclearly recently displaced from the hanging wall and gullysidewalls;

(iv)At least 10 linear metres continuous or 30 linear metres cumulative ofaccess ways of tunnel or travelling way has been severelydamaged and willrequire rehabilitation or be abandoned;

(v)At least 10m2 of roof or 5m3 of rock has beendisplaced from the roof of the mining cavity or excavation;

(vi)At least 10m3 of rock has been freshly displaced from pillarsor tunnel sidewalls.

(b)CAVING

Any unplanned or uncontrolled caving, side wall or slope failure orsubsidence in the ground or workings, causing damage to the surface,which maypose a significant risk to the safety of persons at a mine.

(c)FLOW OF WATER, BROKEN ROCK, MUD OR SLIMES

Any unplanned or uncontrolled flow of water, broken rock, mud or slimes atthe mine which may pose a significant risk to the safetyof persons.

[Reg 23.4(c) am by reg 1 of GoN 783 in G. 26496.]

(d)BREAKDOWN OF MAIN VENTILATION FAN

Breakdown of any main ventilation fan.

(e)POWER FAILURE

Any power failure occurring in the underground workings of a mine, whichposes a significant risk to the health, or safety of personsat a mine.

(f)FIRES AND EXPLOSIONS

Any ignition or explosion of gas or dust, or any fire related to miningactivities or any indication or recrudescence of fire or spontaneouscombustionat or in a mine.

(g)FLAMMABLE GAS

The presence of flammable gas exceeding one comma four parts per hundred byvolume in the general atmosphere at a mine, or any portionof a mine—

(i)if such flammable gas is detected for the first time; or

(ii)the first time such flammable gas is again detected after not havingbeen detected therein for a continuous period of three months.

(h)WINDING PLANTS

(i)Running out of control of winding-engine, winding drum or conveyance;

(ii)Fracture or failure of any essential part of the winding-engine,fracture or failure of any safety device used in connectionwith the windingequipment;

(iii)Fracture, failure or serious distortion of winding rope, fracture,failure or serious distortion of any connection between thewinding rope and thedrum or between the winding rope and the conveyance and any other load suspendedfrom or attached to such rope;fracture, failure or failure or seriousdistortion of any connection between conveyances or between a conveyance and anysuspendedor attached load, fracture of guide rope or its connections, fractureof balance or tail rope or its connections;

[Reg 23.4(h)(iii) am by item 2 of Sch in GoN R787 in G.23498.]

(iv)Fracture or failure of winding or balance sheave; fracture or failure ofany essential part of the headgear or other sheave support;

(v)Jamming or accidental overturning of conveyance; conveyance or its loadfouling shaft equipment; jamming of crosshead;

(vi)Derailing of conveyance;

(vii)Conveyance, bridle, frame or crosshead accidentally leaving guides;

(viii)Fracture or failure of the braking system or of anycritical parts thereof;

(ix)Failure to activate when required of any safety catches and / orarresting devices or activation of any safety catches and /or arresting deviceswhen not required;

(x)Failure to activate when required of any overwinding prevention device oractivation of such device when not required;

(xi)Any overwind or over-run of the conveyance to an extent which may haveendangered persons or may have caused damage to the windingequipment;

(xii)Failure of depth indicator.

(i)LIFTS AND ELEVATORS

(i)Fracture or failure of any essential part of the driving or operatingmachinery, fracture or failure of any safety device usedin connection withlifts or elevators.

(ii)Fracture or distortion of the lift or elevator rope, fracture or failureof attachments of such rope.

(iii)Fracture or failure of any sheave or of the shaft or shaft bearing ofsuch sheave.

(iv)Jamming of car or counterpoise.

(v)Fracture or failure of braking system or of any criticalparts thereof.

(vi)Failure to activate when required of any safety catches and / orarresting devices or activation of any safety catches and /or arresting deviceswhen not required.

(j)OBJECTS FALLING DOWN SHAFTS

Any object falling down the shaft or any other incident which necessitatesthe inspection of the shaft.

(k)EMERGENCY OR RESCUE PROCEDURES

(i)Any failure of breathing apparatus whilst deployed.

(ii)The use of emergency escape apparatus, procedures or rescue mechanisms,or the rescue from entrapment, associated with miningor related activities, ofany employee.

(I)SELF PROPELLED MOBILE MACHINERY

Any self-propelled mobile machine running out of control which may posesignificant risk to the safety of persons at a mine.

(m)BOILERS AND PRESSURE VESSELS

Fracture or failure of any part of a boiler or safety device of a boiler orpressure vessel which may have endangered persons.

(n)CHAlRLIFTS

(i)Fracture or failure of any part or safety device of a chairliftinstallation which may have endangered persons or may have causeddamage to suchchairlift installation.

(ii)Fracture or failure of any essential part of the driving machinery.

(iii)Fracture failure or serious distortion of any rope or chain formingpart of a chairlift installation.

(o)EXPLOSIVES

(i)Any unauthorised or accidental ignition or detonation of explosives.

(ii)Any exposure of persons to blasting fumes which is not reportable interms of regulation 23.1.

(iii)Any detonation of explosives which may pose a significant risk to thesafety of persons.

23.5A dangerous occurrence referred to in regulation 23.4 must be reportedimmediately by the quickest means available and must beconfirmed without delayon Form SAMRASS 1 prescribed in Chapter 21.

23.6Every employer must ensure that a system is in place whereby theemployer is informed, as soon as is practicable after its occurrence,of anyaccident or dangerous occurrence, which is reportable in terms of thisChapter.

23.7

(i)Every employer must keep and maintain a record in which the particularsof all accidents and dangerous occurrences, which arerequired to be reported interms of this Chapter, must be recorded without delay.

(ii)The record contemplated in Regulation 23.7(i) in respect of allaccidents or dangerous occurrences must be kept and maintainedfor two yearsfrom the time that the accident or dangerous occurrence becomes reportable.

[Chapter 23 ins by Sch of GoN R134 in G. 22055; reg 23.7(iii)renumbered as 23.7(ii) by item 3 of Sch in GoN R787 in G. 23498.]

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