‘Rather safe than sorry’ is a term that needs to be etched into the terminology of every mine in the country to ensure appropriate health and safety mining precautions are in place during mining operations. 

This is according to Letisha van den Berg, director of surface mining industry association ASPASA, who prompts all mining members to entrench all aspects of health and safety before all stages of mining from exploration to end-of-mine operations. “This is a requirement of law, failure of which may lead to a section-54 mine closure or other severe consequences.  

Section 54 of the Mine Health and Safety act states that an inspector should close a mine temporarily or permanently in the case where there is “reason to believe” that the operation is endangered. “Often mine closures have devastating financial effects on both the owners and staff.

Policy and practice

Letisha says mine health and safety is a top priority adding that cool heads need to be maintained regardless of the circumstances surrounding a Section 54 closure to ensure uplifting such notice.

The-following key principles guide conventionalisation and implementation of good practice strategies to prevent issues in terms of the health and safety Act. 

1.       It's the responsibility of an employer to ensure the safety of employees. It's best to establish an advisory council of an occupational health and safety inspection of the premises in determining exactly what is necessary to comply with the OHS Act.

2.       Quarry operations must be aware of the inspectors’ legal powers. This is documented in the MHSA, Act 29 of 1966 under Paragraph 50. It is best to read these before the inspection takes place.

3.       The health and safety evaluation will provide step by step guidelines and assistance with a list of items in need of attention after physically inspecting the premises. Any and all instructions and regulations given by inspectors should be dealt with in high regard.

4.       Create a framework to improve health and safety standards through proper training, education and execution on a regular basis.

5.       Section 3 of the principal Act states that one or more managers should be appointed to be responsible for the day-to-day health and safety management and operation of the mine, after which the manager should assure all workers follow the rules and regulations in the attempt to prevent accidents and dangerous working conditions.

6.       It's important for the manager appointed for health and safety to know exactly what their duties and responsibilities entail and how to carry them out accordingly.

7.       Aspasa’s Implementing Health Safety and Environment guidelines regularly give guidance and pointers on general health and safety risks and scenarios previously encountered by similar mines.

8.       Discussions of problems with all circumstantial information should be reported factually to the inspector in order to prevent closure. Any additional information that could convince the inspector that there is a commitment to health and safety of workers should be presented alongside Aspasa audit documents to indicate that the issue was raised and show mitigation attempts.

9.       In the case where disagreements occur, respectfully inform the inspector that it's within rights to counter the citations for it has to be a serious enough issue, if the issue is not serious then the Inspector should rather issue a Section 55 which is an order for the operation to comply.

10.   Have the facts and documentation available and immediately request a mitigation meeting with the Principle Inspector in the Region. 

11.   Note that in Section 54 of the Act the wording is clear, if the occurrence, practice or condition at the mine endangers or may endanger the health or safety of any person at the mine and not because a form or a Code of Practice was not completed.

12.   Operations must be familiar with Section 57, which allows for the operation to appeal the inspector’s decision. Note however that this process is a long-winded affair which can delay the matter and result in causing more harm.  See Section 57 of the MHSA.

13.   Section 58 allows for an Appeal to the office of the Chief Inspector. Operations can also appeal to the Labour Court should the Chief Inspector’s decision affect the business.

14.   It is also worthy to note that appeals in terms of Section 59 do not suspend the original decision and means the operation cannot continue while the stoppage is unresolved.

Letisha advises all mine operations to rather handle health and safety with care and compliance. “Provide and maintain all the necessary procedures from the start. Establish policies regarding the protection of all staff and visitors on your premises while staying up to date with ASPASA’S prevention practices and statutory requirements instead of having to go through shutdown procedures.