MHSA Chapter 2, Section 10
Employer to provide health and safety training:
1.As far as reasonably practicable, every employer must –
a)provide employees with any information, instruction, training or supervision that is necessary to enable them to perform their work safely and without risk to health; and
b)ensure that every employee becomes familiar with work-related hazards and risks and the measures that must be taken to eliminate, control and minimise those hazards and risks.
2.As far as reasonably practicable, every employer must ensure that every employee is properly trained-
a)to deal with every risk to the employee’s health or safety that –
(i) is associated with any work that the employee has to perform; and
(ii) has been recorded in terms of section 11;
b)in the measures necessary to eliminate, control and minimise those risks to health or safety;
c)in the procedures to be followed to perform that employee’s work; and
d)in relevant emergency procedures.
3.In respect of every employee, the provisions of subsection (2) must be complied with –
a)before that employee first starts work;
b)at intervals determined by the employer after consulting the health and safety committee;
c)before significant changes are introduced to procedures, mining and ventilation layouts, mining methods, plant or equipment and material; and
d)before significant changes are made to the nature of that employee’s occupation or work.
MHSA Chapter 2, Section 11
Employer to assess and respond to risk
1.Every employer must-
a)identify the hazards to health or safety to which employees may be exposed while they are at work;
b)assess the risks to health or safety to which employees may be exposed while they are at work;
c)record the significant hazards identified and risks assessed; and
d)make those records available for inspection by employees.
2.Every employer, after consulting the health and safety committee at the mine, must determine all measures, including changing the organisation of work and the design of safe systems of work, necessary to-
a)eliminate any recorded risk;
b)control the risk at source;
c)minimise the risk; and
d)in so far as the risk remains-
i) provide for personal protective equipment; and
ii) institute a programme to monitor the risk to which employees may be exposed.
3.Every employer must, as far as reasonably practicable, implement the measures determined necessary in terms of subsection (2) in the order in which the measures are listed in the paragraphs of that subsection.
MHSA Chapter 5, Section 53
- Duty to produce documents required by inspector
- Any person who holds or should hold a permit, licence, permission, certificate, authorisation or any other document issued in accordance with this Act or the Mineral and Petroleum Resources Development Act, must produce it at the request of the Chief Inspector of Mines or any inspector.
MHSA REGULATION Chapter 8
8.8. General Machinery Regulations
1.The employer must take reasonably practicable measures to prevent persons from being injured as a result of them, the clothes being worn by them or any equipment being held by them coming into contact with or being drawn into any moving part of any machine.
2.The employer must take reasonably practicable measures to prevent persons from being injured because of any machinery failing as a result of –
a)incorrect design;
b)incorrect installation;
c)poor maintenance; or
d)incorrect use or non-compliance with proper operating or safety procedures.
3.The measures to be taken by the employer in terms of regulation 1 must include measures to ensure that –
a)only persons authorized by the employer to do so, start operate and maintain any machine where such starting, operation or maintenance may pose a significant 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 supervision of a competent person who is fully aware of the risks attached to such moving of the machinery;
c)only persons authorised by the employer to do so enter any area where machinery is operated, where such operation may pose a significant risk to any person;
d)machinery is only operated if all installed safety devices are operational and functional;
e)persons in close proximity to moving parts of machinery do not wear or are not permitted to wear clothing or anything else that can be caught in such moving parts;
(i) means are provided, on or in close proximity to any machine, to immediately remove the source of power to that machine in case of an emergency;
(l) all electrical, pneumatic and hydraulic portable equipment are operated and maintained in a safe working order;
MINERALS ACT REGULATIONS: Charge of machinery
20.1.1 The operation of or attendance on machinery shall be in charge of a competent shiftsman, but unskilled persons working under his direction may be employed on such operation or attendance provided that the shiftsman exercises effective control.
Continual supervision
20.1.2 No persons having charge of any machinery which, for the safety of life or limb, requires constant supervision shall for any reason whatever absent himself or cease to have continual supervision of such machinery during the periods for which he is in charge unless he be replaced by a competent person,
Loose clothing
20.4 No person engaged in close proximity to moving machinery shall wear or be permitted to wear loose outer clothing.
Repairing and oiling machinery in motion
20.6 The repairing, adjusting, testing, examining, cleaning or lubricating of machinery in motion shall not be undertaken by any person other than a competent person where there is a risk of personal injury, and then only when it is impracticable to stop such machinery. Automatic devices for oiling machinery whilst in motion shall be provided wherever practicable.
Safety precautions
20.7.3 No person shall set a machine or machinery in motion unless he has taken all reasonable precautions to ensure that no person can be injured by the setting in motion thereof.
Safety of persons
20.8 Every reasonable precaution shall be taken in connection with the use of machinery to ensure that the safety of every person employed on or about such machinery is not endangered.
Condition of safety appliances
20.9.1 Every safety appliance at a mine or works shall be maintained in good working order and properly used
Conditions of apparatus and machinery
20.9.2 The using of any apparatus or of any machinery which does not comply with the provisions of these regulations, or the working of any apparatus or of any machinery the using of which appears in any way to have become dangerous, shall immediately be stopped. Until such time as such apparatus or machinery complies with the requirements of these regulations, or such dangerous condition has been rectified, such apparatus or machinery shall not be used.
Safety measures during repairs
20.9.3.1 Subject to regulation 20.6 the person in immediate charge of any work on or repairs to machinery shall ensure that the power supply to such machinery is switched off and locked out or disconnected in accordance with a code drawn up in writing by the engineer or competent person appointed in terms of regulation 2.13.2, and that the power supply remains disconnected or switched off until the work or repairs have been completed.
20.9.3.2 No person shall conduct maintenance or repair work, and no person shall cause or permit such work to be done, until all reasonable precautions have been taken to ensure that the work can be done safely. A machine or any part of a machine which may fall on the person conducting such work or on any other person shall be adequately supported.