Regulations directly affecting Shift Bosses in mining.
Duties and Responsibilities of a Shift Boss
In terms of the Mine Health Safety Practices, 1996 (Act No 29 of 1996) you are required to assist the Manager appointed in terms of Section 3(1) of the MHSA, in carrying out his duties.
It will be your responsibility to ensure that the provisions of the MHSA and Regulations (as amended or replaced from time to time) insofar as it relates to your area of responsibility, through the application of your skills, experience, knowledge and training.
Without limiting the general nature of your duties set out above, to the extend reasonably practicable, to:
Take all the steps to ensure that all persons under your charge are fully conversant with the provisions of the MHSA, MHSA Regulations and Regulations force in terms of Schedule 4 of the MHSA, as amended or replaced from time to time, and to enforce these provisions.
Observe and enforce any Code of Practice, Any Instruction, Procedure, Directive, Permission, Exemptions, etc. issued by the Mine, DMR or any other person who is authorised to do so. Any further clarification regarding the interpretation of the MHSA, MHSA Regulations and Regulations force in terms of Schedule 4 of the MHSA, Codes of Practice, Instructions, Directives, Permissions, Exemptions, etc. will be supplied to you on request.
Be responsible for proper discipline of all persons under your charge.
Provide and maintain a working environment that is safe and without risk to health of employees within your area of responsibility.
Identify all relevant hazards and assess the related risks within your area of responsibility, to which persons who are not employees may be exposed and ensure that persons who are directly affected by activities within your area of responsibility are not exposed to any hazards to their health and safety.
Consider an employee’s training and capabilities in respect of health and safety before assigning tasks to that employee.
Provide adequate health and safety training.
Provide employees within your area of responsibility with any information, training, instruction or supervision that is necessary to enable them to perform their work safely and without risk to health.
Report any contravention of the MHSA, MHSA Regulations and Regulations force in terms of Schedule 4 of the MHSA, Codes of Practice, Instructions, Directives, Permissions, Exemptions, etc.
Assist in the control over the proper operation, and running of machinery situated within your area of responsibility:
Adhere and enforce any Code of Practice with the regard to the control over the operation and running of machinery.
Take all reasonable measures to ensure that all persons under your charge are properly and adequately trained, appointed on the proper use of such machinery.
Ensure that all persons under your charge are familiar with, understand and comply with Regulations 20.7.3, 20.8 and 20.9.2.
Ensure that you and persons under your charge observe all relevant Regulations, including the following:
Regulations in force in terms of Schedule 4 of the Mine Health and Safety Practices, 1996 (Act No 29 of 1996)
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.
The Manager or subordinate Manager of a mine may appoint one or more competent persons as Shift Boss. Each Shift Boss shall during a shift be in charge of a section of the workings of the mine. The section/area to which each Shift Boss is appointed shall be clearly defined in writing/indicated on area of responsibility plan in a book termed the Shift Boss Logbook, provided for the purpose by the Manager and kept in a place appointed by the Manager. Where the number of persons employed in the workings exceeds 300, the appointment of a Shift Boss or Shift Bosses during each working shift shall be compulsory.
Provided that the Principal Inspector of Mines may require the appointment of additional Shift Bosses if he considers it necessary in the interests of safety or health. Provided further that the Principal Inspector of Mines may, where the number of persons employed in the workings is 300 or less, require the appointment of a Shift Boss or Shift Bosses if he considers that the conditions prevailing make such appointment necessary.
No person shall be appointed as a Shift Boss unless he is the holder of a permanent blasting certificate valid for the class of mine to which the mine belongs and issued in accordance with these regulations or any amendments thereof.
In no case shall a Shift Boss be placed in control of a section larger than he is able to control efficiently in accordance with the requirements of the regulations. The Manager shall not impose such additional duties of a Shift Boss as will prevent him from carrying out his statutory duties efficiently.
Each Shift Boss shall take reasonable precautions to ensure proper observance of the regulations and compliance with any lawful order given in the interest of safety or health, by every person employed in his section and shall as soon as practicable report to the Manager or Mine Overseer any contravention thereof.
Each Shift Boss shall inspect all workings in his section as frequently as he may deem it necessary in the interest of safety and health:
Provided that:
- He shall inspect every working face in his section which has been blasted and in which persons are working within two working days of each blast therein.
- He shall inspect all other workings at least once every week at intervals not exceeding 10 days.
- He shall daily during his shift:
- Inspect at least one working of each Ganger or Section Boss under his charge who is directly concerned with current blasting operations.
- Satisfy himself by consultation with each Ganger or Section Boss or by personal inspection that work is preceding safely an in accordance with the regulations in every working of such Ganger or Miner.
- Each such consultation shall take place within the area for which such Ganger or Section Boss is responsible.
- In every coal mine, unless exempted in writing by the Principal Inspector of Mines, carry out a test for inflammable gas similar to the test required in terms of Regulation 8.9.9, of every part of every Ganger’s or Miner’s section in which workmen work or travel or may be required to work or travel during that shift.
- The Shift Boss shall record a report on each such test at the end of his shift in the logbook referred to in regulation 2.15.6. For the purpose of this regulation “blasting operations” also means the actual breaking of mineral or rock on the previous working shift by means of explosives and includes the removal of such broken mineral or rock and the operation of making safe.
- Each Shift Boss shall, during or at the conclusion of his shift, record in ink in his logbook.
The designation of every working place and other workings inspected by him during his shift
Particulars of any unsatisfactory condition of working places, travelling ways or other workings in his section as found by him or reported to him by a ganger or Section Boss or any other person, especially as regards ventilation and dust, the presence of harmful gases, the state of the hanging wall, footwall and sides, sanitation and generally so far as safety and health of persons are concerned.
Such breaches of regulations and non-compliance with instructions given in the interests of safety and health of which he has become aware during his shift and any instructions given by him for securing the safety and health of workmen or for the proper observance of the regulations.
Such records shall be examined and countersigned by the Manager or the Mine Overseer at least once every day and shall be open to inspection at all reasonable hours by any person employed in the workings of the said mine.
A Shift Boss shall not take charge of a gang of workmen in addition to his normal duties, except temporarily in case of necessity. For the purposes of this regulation “case of necessity” means a condition of circumstances of a temporary nature in the interest of safety.
Where blasting takes place at the end of a shift, a Shift Boss or other official of at least equal rank shall be present underground or on surface at each main travelling shaft or main travelling adit at blasting time and he shall report daily in the logbook on the compliance with regulation 2.10.9 and whether any person was exposed to dust or fumes from blasting.
The appointment of any Shift Boss shall not be taken to relieve the Manager or the Mine Overseer of any personal responsibility under these regulations.
The Manager, sub -ordinate Manager or the Mine Overseer shall not assume the duties of a Shift Boss except with the written permission of the Chief Inspector of Mines.
Every Safety Officer shall:
at an interval prescribed by these regulations or at such intervals as the chief safety officer or Principal Inspector of Mines may determine, inspect working places or machinery for which he has been appointed in or at the mine or works or part thereof in question.
In the course of any such inspection satisfy himself in particular that:
- All reasonable safety and health measures have been taken in respect of the use or handling of machines and the performance of other work.
- Safety equipment is maintained in good condition and properly utilized.
- The applicable requirements relating to the safety and health of employees, whether or not those requirements have the force of law, have been or are being complied with.
- All employees have been properly trained or possess the necessary training or qualifications for the safe execution of their work.
- Report any threat or potential threat to the safety or health of any employee to the person in immediate charge of the working place or machinery in question.
- If the person in immediate charge is not readily available, take the necessary steps to avert any such immediate threat and report such matter as soon as practicable, but not later than the end of his shift, to an official responsible for that working place or machinery.
- At the end of his shift enter in ink in a book provided by the Manager for that purpose and kept at a place designated by the Manager.
- a Description of the working places or machinery inspected by him during the shift in question.
- The conditions or circumstances at such working places or machinery, including any failure to comply with the applicable requirements referred to in paragraph (b).
- Any report made by him in terms of paragraph (c) or (d) including the name of the person to whom such report was made.
- Any steps which have already been taken or which in his opinion ought to be taken in order to avert any threat or potential threat to the safety or health of any employee.
- Where any workman is unable to read the regulations, the person in charge shall see that such workman is made acquainted with the regulations concerning him or appertaining to his particular occupation and duties.
- No person shall depute any other person to do his work without the sanction of his official superior; nor shall any person, without such sanction, cease to supervise persons under his charge.
No person shall:
- Interfere with or render ineffective anything which has been provided for the protection, safety and health of persons.
- Alter, remove, or in any way interfere with or render ineffective or disregard any arrangement provided for the purposes referred to in paragraph (a) unless duly authorized thereto in writing by the manager, mine overseer or engineer: Provided that in the case of a mine which is closed down, such authorization shall be obtained from the Principal Inspector of Mines.
- Alter, remove or in any way interfere with or render ineffective or disregard any measure relating to rehabilitation or to the management of the environment at a mine, unless duly authorized thereto in writing by the holder of the prospecting permit or mining authorization or the owner or manager of that mine: Provided that in the case of a mine which is closed down, such authorization shall be obtained in writing from the Principal Inspector of Mines.
- The Manager, Mine Overseer, Shift Boss or other person appointed by the Manager for the purpose shall take all reasonable steps to satisfy himself that no unauthorised persons remains underground after the hoisting or return to surface of persons employed on that shift is concluded and shall record in a book provided for that purpose by the manager the name or other means of identification of any such persons remaining underground and the time when such person reached the surface of the mine.
- No person shall set a machine or machinery in motion unless he has taken all reasonable precautions to ensure that no other person can be injured by the setting in motion thereof.
- Every reasonable precaution shall be taken n connection with the use of machinery to ensure that the safety of every person employed on or about such machinery is not endangered.
- Every safety appliance at a mine or works shall be maintained in good working order and properly used.
- All electric apparatus shall be selected, installed, worked and maintained in such a manner as not to constitute a hazard and shall be placed and protected in such a manner that no person can be injured by inadvertent contact with any live portion.
- Where the incorrect switching of unattended switchgear by an unauthorized person may constitute a danger to persons, the switchgear shall be enclosed in the manner specified in regulation 21.1.2 or the switching mechanism must be suitably locked to prevent unauthorized operation.
- Place of accident to be left undisturbed.
- When an accident causes the immediate death of any employee, the place where the accident occurred must not, without the consent of the Principal Inspector of Mines, be disturbed or altered before such place has been inspected by an Inspector or any other person authorised under section 49(4) by the Chief Inspector of Mines.
Does not apply if:
- Such disturbance or alteration is unavoidable to prevent further accidents, to remove fatalities and injured employees or to rescue employees from danger.
- The discontinuance of work at such place would seriously impede the working of the mine.
- Work may be resumed at the place where the accident occurred if such inspector or other person authorised by the Chief Inspector of Mines fails to inspect the place within three days after notice of the accident has been given.