Jaco Swartz 25 May 2017

Similar documents
The Road to Zero Harm Performance review against the 2003 Milestones

IA CERTIFICATE (Annual review required by MASC covered by an additional letter) (Revision 2- Review & Review)

NZQA registered unit standard version 3 Page 1 of 6

Compliance with Health & Safety legislation

NZQA registered unit standard version 2 Page 1 of 7. Conduct a conformity assessment of explosion-protected apparatus

C167 Safety and Health in Construction Convention, 1988

Session #: Selection of Explosion Protected Equipment for Hazardous Locations

IA CERTIFICATE (Revision 3 Revised for Annual Review) Hazel Grove Stockport Cheshire SK14 6NG United Kingdom

EUSMUNC06 (SQA Unit Code - FG2W 04) Locate and avoid supply apparatus for Utilities Network Construction

NZQA unit standard version 3 Page 1 of 8. Manage the mine ventilation system at an extractive site

NZQA registered unit standard version 3 Page 1 of 7. Plan electrical installations for explosive atmospheres

in Australian Workplaces

A guide to Part 10 of the

NZQA registered unit standard version 1 Page 1 of 8. Conduct detailed inspection of electrical installations for explosive atmospheres

AIDGC PRESENTATION MARCH 2006 HAZARDOUS AREAS STANDARDS & CLASSIFICATION

RISK ASSESSMENT A UNIVERSITY GUIDE TO PRACTICAL RISK ASSESSMENT UNDER THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1992

Reg No: 1999/027771/07 ACCREDITED AND APPROVED TEST LABORATORY IN TERMS OF ARP 0108: REGULATORY REQUIREMENTS FOR EXPLOSION PROTECTED APPARATUS

ATEX and explosive atmospheres

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Having reviewed the Law on Constructional Organisation of Buildings promulgated by Legislative Decree No.(13) of 1977, as amended,

Personal Protective Equipment

SOUTH AFRICAN NATIONAL STANDARD

Intrinsic safety 101 hazardous locations

List all key terms and acronyms used in the procedure, and their definitions.

Wilkins Safety Group

RPE with a UK Standard Assigned Protection Factor 10 (APF10)

COALSAFE 2012 OVERVIEW OF MINE HEALTH AND SAFETY PERFORMANCE. 14 March 2012

GUIDELINES FOR THE SAFE USE, STORAGE, AND DISPOSAL OF EXPLOSIVES IN SURFACE MINES AND QUARRIES

INSPECTION, TESTING AND CERTIFICATION OF GASFITTING WORK DONE UNDER SUPERVISION

The Duly Diligent Mining Supervisor

MINING INQUIRY BOX FLAT COLLIERY REPORT, FINDINGS AND RECOMMENDATIONS

This standard comprises the following:

WHITEPAPER: ATEX IN PRACTICE (EXPLOSION PROTECTION)

Flammable Environments Guideline

HEALTH AND SAFETY GUIDANCE

A Checklist for a Health and Safety Risk Assessment

Confined Space Entry Program Guidelines (Human Resources - Health and Safety Department)

EXPLOSIVE ATMOSPHERES - CLASSIFICATION OF HAZARDOUS AREAS (ZONING) AND SELECTION OF EQUIPMENT

Contractors' Code of Safe Practice

WORKPLACE SAFETY AND HEALTH ACT (CHAPTER 354A) WORKPLACE SAFETY AND HEALTH (CONFINED SPACES) REGULATIONS 2009

Preventing slips and trips at work. Health and Safety Executive

Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483)

ontario regulation 629/05 made under the occupational health and safety act

IECEx OPERATIONAL DOCUMENT

Remark: When calling at especially tank cleaning installations located outside the yard area, a certificate of call is not required.

Review of the Changes to the Fisheries Act

1.8 INDUSTRIAL PROCESS WEIGHING IN HAZARDOUS AREAS

Contractor / Exhibitor Handbook

Decant Filling of Gas Cylinders

MERCHANT SHIPPING (DIVING SAFETY) REGULATIONS 2005 BR 1 / 2005 MERCHANT SHIPPING ACT : 35 MERCHANT SHIPPING (DIVING SAFETY) REGULATIONS 2005

Recognised Standard 07. Criteria for the assessment of drugs in coal mines

Safe Work Practices / Procedures / Instruction CONFINED SPACE

WORKPLACE SAFETY AND HEALTH ACT (CHAPTER 354A) WORKPLACE SAFETY AND HEALTH (CONFINED SPACES) REGULATIONS 2009

General Health & Safety (H&S) Refresher Training

Electrical Safety in the Food Industry

Working in Confined & Enclosed Space Policy

The Regulations do NOT apply to: - Sea-going Ships Below Ground in a Mine Diving Operations (Diving Regulations 1981 apply)

Above ground or below, worker and jobsite safety is your priority and ours.

IGEM/SR/4 Edition 3 Communication 1752 Variable volume gasholders storing lighter than air gases

Safe working practices to ensure the integrity of gas pipelines and associated installations

Protocol for Confined Space Entry Requirements

SOUTH AFRICAN NATIONAL STANDARD

Module: Permit to work System

AS/NZS 1596:2014. The storage and handling of LP Gas AS/NZS 1596:2014. Australian/New Zealand Standard. Superseding AS/NZS 1596:2008

Quarterly Training Summit Springfield, Illinois April 12, October 2016 U.S. Department of Labor U.S. Illinois Association of Aggregate Producers

Risk Assessment for Stone Quarry Mining is among the most hazardous activities all around the world, being always accompanied with different

WHMIS 1988 & WHMIS 2015

Pressure Systems Safety Regulation

Harmonisation of Work Health and Safety Legislation

Occupational Health and Safety Act

A Unified Marking System for Ex Equipment

CONTRACTOR WHS HAZARD STANDARD CONFINED SPACE EXTERNAL USE ONLY

Industry Code: Alberta Small Employer OHS Legislated Requirements

EHS Solutions Based in Reality

Dangerous Substances and Explosive Atmosphere Regulations 2002 Appendix 2 Detailed assessment & zone classification where DSEAR applies to an area

TITLE : Routine testing of the Dubaco stone dust bags. REPORT No : REQUESTED BY : Pierre Vassard DUBACO (Pty) Ltd

TOXIC GAS DETECTORS IN THE WORKPLACE UK REGULATIONS AND STANDARDS

Lifting equipment for the health and care sectors

Reducing Exposures From Confined Space Entry

COAL AND GAS OUTBURST COMMITTEE. HALF DAY SEMINAR Wollongong 22 nd June, 2011

WRITTEN SUBMISSION ON BEHALF OF ACME (PTY) LIMITED. Represented by Advocate R H Looch. Klass Looch Associates

Mobile Training Unit (MTU)

Marine Education Society of Australasia HAZARD MANAGEMENT POLICY

A GUIDE TO BUYING FALL ARREST EQUIPMENT. uk.rs-online.com (UK customers) (International customers)

SAFETY DIRECTIVE 3.0 REFERENCES. 3.1 See Appendix B

Singtel Group Supplier Code of Conduct (SCC)

ONTARIO REGULATION 632/05 CONFINED SPACES

Explosion Protection Technology Pty Ltd

Title: Classification of South African Hard Rock Mines Establishing a sound basis for classification

PART 4: IMPLEMENTATION & OP

Oral Exam Explosives

The Work at Height Regulations 2005 A brief guide

E PGN-11. Part of NTW (O)32 Estates Operations and Maintenance Policy Paul McCabe Head of Estates and Facilities-NTW Solution Ltd

Safe working practices to ensure the integrity of gas assets and associated installations

The Work at Height Regulations 2005 A brief guide

Confined Space Program

SOUTH AFRICAN NATIONAL STANDARD

Process Safety Management Of Highly Hazardous Chemicals OSHA 29 CFR

MATERIAL SAFETY DATA SHEET

1. IDENTIFICATION OF THE SUBSTANCE/PREPARATION AND OF THE COMPANY UNDERTAKING. Gutta Serti: all sizes Additive for artistical use

Transcription:

Selected comments on the development of the South African mining health and safety legislation with reference to hazardous areas and hazardous locations Jaco Swartz 25 May 2017

Introduction 1. Short history of the development of health and safety law within the context of the South African Mining industry 2. Overview of the legislation insofar as hazardous locations are concerned 3. Some critical considerations 4. Questions!

Why Laws? King Hammurabi, Codex Hammurabi Babylonia..\MHSA\Hammurabi.doc

Mine Year Fatalities Coalbrook 1960 437 Kinross 1986 177 Durban Navigation Collieries 1926 125 Vaal Reefs 1995 104 Natal Navigation Collieries 1923 78 New Marsfield Collieries 1935 78 Hlobane Colliery 1938 68 St. Helena Gold Mine 1987 62 Hlobane Colliery 1944 56 Middelbult Colliery 1993 53 Coalbrook ranks in the top ten mining disasters, in terms of fatalities worldwide!

Pre 1902 Colonial era legislation Example: The Cape Colony s Precious Stones and Minerals Mining Act of 1883 Cape Colony: Pro mining (Cecil John Rhodes Prime Minister Transvaal Republic: Pro landowner, anti uitlander -Little, not no, concern for health and safety- 1902 1910, 4 Crown Colonies

1902 1910 era 1905 678 Fatalities

Post 1910 Union of South Africa Central Legislative function Mines and Works Act, 1911 (But older Regulations ) Conflict: Labour vs. Capital

Mining is inherently dangerous both to life and health. Those who wish to extract anything from under the surface of the earth by digging a hole must be prepared to devote some of their resources to safety. It is an unnatural activity giving rise to unnatural conditions. But safety measures invariably cost money and the employer must bear its expenditure. Thus a perpetual conflict of interest arises between employer and employee as to the nature and extent of the safety measures that may be considered reasonably practical and reasonably necessary. Mr. Justice JF Marais. Report, Marais Commission of Inquiry into the Coalbrook disaster

100 Years, 6 Acts 1903 - Mines, Works and Machinery Ordinance Replaced the ZAR Gold Act 1906 - Mining Regulations Prescribed the minimum daily dietary allowance for workers etc. 1911 Mines and Works Act Forbearer of the Mine and Works Act 1956, which heavily influenced it, and some of whose Regulations are still in place today 1956 Mines and Works Act - Evolution of the Act by the same name which preceded it, Regulations later became the Minerals Act Regulations, some of which are still enforced today under Schedule 4 of the MHSA 1991 Minerals Act Stated goal of streamlining the management of minerals and mining in SA through legal consolidation. 1996 Mine Health and Safety Act Aligned with international norms, based on International Labour Organisation s Safety and Health in Mining Convention.

Regulations Acts change, Regulations remain. Regulation 2.10.2 (In force in terms of Schedule 4) Manager may not. permit any incompetent or inexperienced workman to be employed on dangerous work, or work upon the proper performance of which the safety of person depends. - 1925 Mining Regulation Commision- Rubbish! - 1995 Leon Commission- Rubbish! BUT IT IS THE LAW

Hazardous areas / Hazardous Locations Concept of Fiery Mine a part of legislated rules since inception Hazardous area defined in Mines and Works Act Regulations, 1956 In addition, specific rules for coal mines

MWAR, 1956 MWAR 15.9 15.10 MWAR 20.10 MWAR 21.14.3 MWAR 21.14.6.1 MWAR 21.15 MWAR 21.17.1 MWAR 21.17.2 MWAR 2.17.3 MWAR 2.17.4 MWAR 21.17.5 MWAR 21.17.6 Prohibition of open flames Use of light metal devices in hazardous areas without precautions prohibited Flexible/trailing cables in hazardous areas Flexible trailing cables used in hazardous locations Electrical installations in hazardous areas Plans indicating hazardous areas to be kept Certification of equipment for use in hazardous areas Requirements for test reports Duty to forward information to inspectorate Certification of repaired equipment Information requirements for operation of explosion protected equipment

Post 1996 MHSAR 10.1 Definitions: (including hazardous location, light metal) MHSAR 10.1(1) Employer to ensure input by competent person MHSAR 10.1(2) Measures to be taken to prevent harm in hazardous locations due to fire, explosion, ignition of gases, dusts, mists or vapours.

Evolution Definitions: Some duplication exists; e.g. Light Metal Hazardous area vs. Hazardous location: 1.Coal Mine, return airway and 180m from working face, 2.Any other area, risk of igniting gas, dust, vapour Vs 1.Underground coal mines 0,5% by volume including return airway etc. 2.Other mines 0.5% by volume of air 3.Surface operations Classification in terms of SANS 10108

Incorporation of Standards 1. SANS ARP 0108 Requirements for explosion protected apparatus 2. SANS 10108 Classification of hazardous locations 3. ARP 0108 Recommended practice, regulatory requirement foe explosion protected apparatus 4. SANS 1086 Installation, inspection and maintenance of equipment used in explosive atmospheres 5. SANS 1654 DC powered machines for use in hazardous areas in mines 6. SANS 868 Compression ignition engine systems 7. SANS 10012 Use of light metals in hazardous locations

Employer vs. Manager 10.1(2) The employer must take reasonably practicable measures to prevent persons from being injured in any hazardous location as a result of fire, explosion or the ignition of gas, dust, mist or vapour. Historically, Manager and Engineer liable!

Conclusion Year Combined surface and underground fatalities 1911 906 1930 584 1993 578 2016 73

Regulation 2.9.2 appoint such persons as may be necessary assist him in enforcing such observation of the regulations

Questions? Jaco Swartz Managing Director Legislative Compliance Specialists (Pty.) Ltd. Tel: 011 704 4814 Fax: 011 704 4381 Mobile: 082 898 9463 jacos@legalcs.co.za