1. MINE HEALTH AND SAFETY AMENDMENT BILL, 2008

2. MINERALS SECTOR PROFILE
The “bed rock” of SA’s industrialisation
Contribution to GDP
Direct 7%
Indirect 15%
Significant contributor to employment: employees
JSE market capitalisation: 30%
Major global producer of Gold, PGM, Manganese, Coal, Diamond, etc
South Africa’s industrialisation commenced in the latter 1800 following the discovery of massive diamond bearing kimberlitic deposits in the Northern Cape and later the gold bearing deposits of the Witwatersrand. It is therefore fitting to refer the minerals and mining sector as the bed rock of South Africa’s industrialisation.
Today, the sector’s contribution to the economy has diminished due to the development of other sectors, it however is still a significant contributor to the GDP at 7% direct contribution and 15% indirect contribution.
The industry employes approximately half a million people.

3. MINERALS SECTOR PROFILE (CONT.)
Operations:
High Risk-Large, deep, labour intensive Au & Pt u/g mines
Medium Risk-Mechanised Base Metal and Coal Mines
Low Risk-Surface mines

4. INTRODUCTION
Compensation
Legal Sanctions
Regulatory Capacity
Bill

5. COMPENSATION ODMWA COIDA Administered by DoH
Limited occupational lung diseases
Free benefit medical examinations
Lump Sum compensation
MHSI involved in the Risk Committee that determines the levy payable by mines.
Administered by DoL
No fault compensation
Trade-off of rights
No civil claims
Pension payments to workers with serious permanent disablement.

6. Occupational Diseases
Interpretation of the graph:
Silicosis: The results suggests that Silicosis is increasing in the Gold and Platinum mines, whereas it appears that it is constant in the Coal mines.
Pulmonary TB: The results suggests that TB is decreasing in all commodities.
Noise: The results suggest that Noise is decreasing in Gold, Platinum and Coal mines.
DME Challenges and Solutions:
The reliability and validity of the latter statistical report are not quantifiable.
DME is currently developing a data base strategy to improve the reporting, recording and analysis of the Annual Medical Report. This systems will improve and increase the number of mines that report to DME.

7. ENFORCEMENT PROVISIONS
Action
DME
Justice
Minor Breach
Improvement Notice
Repeat Breaches
Administrative Fine
Serious Breaches
Stoppage Order, Fine
Serious Injury
Stoppage order, Investigation & Fine
Death
Stoppage order,
Investigation and Inquiry/Inquest

8. IMPROVEMENT NOTICES Region 2005/2006 2006/2007 2007/2008 Gauteng 289
272
208
Free State
247
489
303
North West 67 42
209
Eastern Cape
118 64
256
Western Cape 3 11
Northern Cape 43 57
Limpopo
437 8
Mpumalanga
131
229
210
KZN 2 6 72
Total
1 147
1 607
3 187

9. ADMINISTRATIVE FINES 2005/ 2006
Region
Recommended
Set Aside
Value issued
R ‘000
Value Paid
Gauteng 8
Free State 5 1 25
North West
Eastern Cape 3
Western Cape 50 40
Northern Cape 20 12
59,5
7.5
Limpopo
Mpumalanga 7
540 35
KZN
Total 56 34
674.50
107.50

10. ADMINISTRATIVE FINES 2006/ 2007
Region
Recommended
No Set Aside
Value issued
R ‘000
Value Paid
Gauteng 2 1 10
Free State 6 3 53
83*
North West
Eastern Cape
Western Cape
50***
Northern Cape
3**
Limpopo
Mpumalanga 8
820
420
KZN 23
Total 54 43
993
566
*R for fine from 2005/ 2006
** R 3000 from 2005/ 2006 *** R from 2005/ 2006

11. ADMINISTRATIVE FINES 2007/ 2008
Region
Recommended
No Set Aside
Value issued
R ‘000
Value Paid
Gauteng 15
588 50
Free State 7 3
156 56
North West 4 1
200
Eastern Cape
Western Cape 9 8
Northern Cape 19
295
120
Limpopo 30
Mpumalanga 10
2000
KZN 60
Total 68 17
3346
256

12. STOPPAGE ORDERS Region 2005/2006 2006/2007 2007/2008 Issues Gauteng
302
236
365
Poor thermal conditions; dangerous gasses; airborne pollutants in harmful quantities; poor ventilation; poor rigging; dangerous use of rolling stock; poor explosives control; Unguarded machinery; failure to use PPE; Support; poor mining practice
Free State
403
661
589
North West
109
186
309

13. STOPPAGE ORDERS Region 2005/2006 2006/2007 2007/2008 Issues
Eastern Cape 18 25 9
Unsafe TMM equipment; lack of guarding;
Non compliance with instructions
Western Cape 1 7 36
Lack of guarding; risk assessments; poor housekeeping; Non-submission of medical and hygiene reports and Excessive dust
Northern Cape 90
102
Unguarded Pulleys
No risk assessment
No training
No explosives control

14. STOPPAGE ORDERS Region 2005/2006 2006/2007 2007/2008 Issues Limpopo 54
107 92
Support; Poor Barring;Ventilation; Stonedust; Refuge bays; Dangerous Highwalls; Unlicenced TMM operators; Explosive control and declarng unsafe working places safe
Mpumalanga
108
139
171
Same as KZN
KZN 67 49 21
Conveyorbelts; Support; Change house and toilet facilities; statutory reports; risk assessments; brushing of travelling roads; legal appointments

15. STOPPAGE ORDERS & FINES
Section 54 Instructions
Region
2005/2006
2006/2007
2007/2008
Total
1 152
1 512
1 694 vs
Administrative fines
2005/2006
2006/2007
2007/2008
Total 22 11 54
R ‘000
107
566
256

16. REGULATORY CAPACITY DATE NUMBER OF VACANCIES NUMBER OF POSTS
31 March 2006 38
310
31 March 2007 76
336
31 March 2008 92
338

17. REGULATORY CAPACITY ADVERTISEMENTS
283 posts were advertised in the past months (01 March 2006 to 30 June 2008).
R utilised for advertisements in this period.
Number of posts filled in the process:
Mine Health and Safety = 84 A, 31 F = V 20
Mine Equipment = 107 A, 16 F = V 29
Mine Survey = 07 A, 0 F = V 7
Occupational Medicine = 05 A, 5 F = V 0
Occupational Hygiene= 26 A, 21 F =V 5
2 YEAR CONTRACT APPOINTMENTS
17 candidates were recommended for appointment.
10 accepted.
7 declined.
2 who accepted had already left the Department.

18. REGULATORY CAPACITY PERCENTAGES
MINE EQUIPMENT: Only 15% of the advertised posts were filled.
MINE SURVEY: No post was filled
MINE SAFETY: Only 36 % of the advertised posts were filled.
MEDICINE: 100% (all advertised posts were filled)
HYGIENE: 81% was filled

19. REGULATORY CAPACITY
Mine Health and Safety – has the highest termination rate
Biggest reasons why people are living is Salaries and benefits =42%
Supervisors and Managers = 27%
Lack of Career Path = 26%
Lack of Recognition = 16%,
Working conditions = 12%
No opportunities for decision making = 12%

20. Training and Development Plan
Interventions
Programme
Program Details
Impact/Duration
Status 1
MDP (SAMDI)
Training Programme
Short term
Short to medium
4 officials attended AMDP @ SAMDI 2
Mentorship
Experiential Training
Medium term
Medium to long
23 HDI graduates undergoing experiential training at GFA 3
Student
Long term
7 bursaries allocated to HDI for mining related studies
Training and Development
Internship Programme
Bursary Scheme

21. AMENDMENT BILL Section Provision Page s10 3 s13 4 s17 s20
Section 10 of the principal Act is hereby amended by the addition of the following subsection:
“(4) The employer must keep a record of all formal training provided in respect of each employee in terms of subsection (2).” 3
s13
The employer must inform the Principal Inspector of Mines in writing within 7 days of the appointment of the occupational medical practitioner;
“(4B) The information submitted to the Principal Inspector of Mines in terms of subsection (4A) must include-
(i) the name of a occupational medical practitioner;
(ii) practice number
(iii) whether the occupational medical practitioner is engaged on full time or part time basis. 4
s17
Section 17 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
"(2) The examination referred to in subsection (1) must be held before, or [as soon as possible] within 30 days after, termination of employment.".
s20
Section 20 of the principal Act is hereby amended by the insertion after subsection (6) of the following subsection:
“(7) An employee who is entitled to appeal in terms of subsection (1)(a) may not be dismissed by reason of that employee's unfitness to perform any category of work until the appeal process in terms of this section has been exhausted

22. AMENDMENT BILL Section Provision Page S98 s55D Fine s55E
Insert a new paragraph 98(zP) as follows-
(zP) minimum standards for the establishment, functioning, training, equipping and staffing of rescue services at mines and reporting by employers in respect of rescue services.
s55D
Chief Inspector of Mines to issue guidelines
The Chief Inspector of Mines must issue guidelines by notice in the Gazette regarding the recommendation of fines by an inspector in terms of section 55A.".
Fine
The maximum fine that can be imposed in terms of section 55B may not exceed an amount of R ”.
s55E
Determination of employer’s liability
55E. (1) In determining for the purposes of sections 55A and 55B whether or not an employer has contravened or failed to comply with any provision contemplated in section 91 (1B), the obligations placed on the employer by –

23. Comments