GoN R93, G. 17725 (c.i.o 15 January 1997),
GoN R846, G. 18078 (c.i.o 21 June 1997),
GoN R1315, G. 19354 (16 October 1998),
GoN R721, G. 20155 (c.i.o 11 June 1999),
GoN R1486, G. 20714 (corrected by GoN R303, G. 21029) (c.i.o 17 December 1999),
GoN R134, G. 22055 (c.i.o 9 February 2001),
GoN 786, G. 23498 (c.i.o 14 June 2002),
GoN R787, G. 23498 (c.i.o 14 June 2002),
GoN R904, G. 23583 (c.i.o 2 July 2002 unless otherwise specified),
GoN R907, G. 23586 (c.i.o 2 July 2002),
GoN R569, G. 23410 (c.i.o 1 September 2002),
GoN R1573, G. 24168 (c.i.o 13 December 2002),
GoN R1579, G. 24168 (c.i.o 13 December 2002),
GoN R959, G. 23615 (c.i.o 1 January 2003),
GoN R886, G. 25097 (c.i.o 20 June 2003),
GoN R1237, G. 25404 (c.i.o 29 August 2003),
GoN R1792, G. 25812 (c.i.o 12 December 2003),
GoN R583, G. 26333 (c.i.o 14 May 2004),
GoN 783, G. 26496 (c.i.o 2 July 2004),
GoN R1304, G. 26963 (corrected by GoN R89, G. 30698) (c.i.o 12 November 2004),
GoN R1323, G. 26963 (c.i.o 12 November 2004),
GoN R1224, G. 28333 (corrected by GoN R 90, G. 30698) (c.i.o 15 December 2005),
GoN R1225, G. 28333 (corrected by GoN R 90, G. 30698) (c.i.o 15 December 2005),
GoN R1226, G. 28333 (c.i.o 15 December 2005),
GoN 911, G. 29214 (c.i.o 8 September 2006),
GoN R989, G. 29276 (c.i.o 5 October 2006),
GoN 34, G. 29544 (c.i.o 19 January 2007),
GoN R1279, G. 29458 (c.i.o 1 July 2007),
GoN 86, G. 30697 (c.i.o 1 February 2008),
GoN R92, G. 30698 (c.i.o 1 February 2008),
GoN R93, G. 30698 (c.i.o 1 February 2008),
GoN R94, G. 30698 (c.i.o 1 February 2008),
GoN R1053, G. 33752 (c.i.o 12 November 2010),
GoN R1068, G. 33763 (c.i.o 19 November 2010),
GoN R447, G. 34308 (c.i.o 27 May 2011),
GoN R621, G. 36761 (c.i.o 23 August 2013),
GoN R622, G. 36761 (c.i.o 23 August 2013),
GoN R701, G. 37980 (c.i.o 12 September 2014),
GoN R702, G. 37980 (c.i.o 12 September 2014),
GoN R906, G. 38216 (c.i.o 21 November 2014),
GoN R330, G. 38708 (c.i.o 24 April 2015),
GoN R332, G. 38708 (c.i.o 24 April 2015),
GoN R125, G. 38493 (c.i.o 27 May 2015 unless otherwise specified),
GoN R584, G. 38970 (c.i.o 10 October 2015).
Under section 98 of the Mine Health and Safety Act, 1996 (Act 29 of 1996), I, Penuell Mpapa Maduna, Minister of Minerals and Energy, hereby make the regulations in the Schedule.
Minister of Minerals and Energy
ARRANGEMENT OF REGULATIONS
Chapter 1: Appointments and Administration
Chapter 2: Duties and Responsibilities
Chapter 3: Electricity
Chapter 4: Explosives
Chapter 5: Fires and Explosions
Chapter 6: Health and Safety Representatives and Committees
Chapter 7: Inspectorate of Mine Health and Safety
Chapter 8: Machinery and Equipment
Chapter 9: Mine Environmental Engineering and Occupational Hygiene
Chapter 10: Miscellaneous and General Provisions
Chapter 11: Occupational Health
Chapter 12: Offshore Installations
Chapter 13: Outlets, Ladderways and Travelling Ways
Chapter 14: Protection of the Surface and the Workings
Chapter 15: Qualifications and Competencies
Chapter 16: Rescue, First Aid and Emergency Preparedness and Response
Chapter 17: Surveying, Mapping and Mine Plans
Chapter 18: Tripartite Institutions
Chapter 19: Underwater Mining
Chapter 20: Definitions
Chapter 21: Forms
Chapter 22: Schedules
Chapter 23: Reporting of Accidents and Dangerous Occurrences
[Arrangement of Regulations subs by Sch in GoN R907 in G. 23586, GoN R1573 in G. 24168.]
APPOINTMENTS AND ADMINISTRATION
[An italicised word or phrase is defined in section 102 of the Act and such word or phrase in bold is defined in Chapter 20 of these Regulations.]
Prescribed period for representations
1.1(1) Representations invited by the Principal Inspector of Mines as contemplated in section 55D(1)(b) must be submitted to the Principal Inspector of Mines within 30 days of the date of the invitation or within such further period or periods as the Principal Inspector of Mines may determine.
Prescribed period for payment of fine
1.2(1) A fine imposed on an employer in terms of section 55D, must be paid to the Principal Inspector of Mines within 60 days of the date on which the fine was imposed or within such further period or periods as the person or court imposing the fine, may determine.
1.2(2) The date on which the fine is imposed is regarded as the date on which notification of the administrative fine was served on the employer by—
(b) registered post; or
(c) any other form of communication agreed to between the employer and the Principal Inspector of Mines.
[Chapter 1 ins by Sch of GoN R1315 in G. 19354.]
Editor Note:
Please note that regulations 2.12.1 to 2.12.12 of the regulations published under GNR 992 of 1970 are to be repealed with effect from the publication in the Gazette of Chapter 2 of these Regulations – See GNR 446 in Government Gazette 34308 of 27 May 2011.
CHAPTER 3
ELECTRICITY
DEFINITIONS
In these Regulations, unless the context indicates otherwise—
“Accredited Test Laboratory” (ATL) means an organisation that is accredited by the South African National Accreditation System (SANAS).
“Arc Flash” means an uncontrolled electrical discharge through the air between conductors or between a conductor and earth. The resulting discharge of energy can result in fire, serious damage to electrical apparatus and injury or death to a person.
“Armouring” means a metallic covering of an electric cable, in the form of tape, wire or tube enclosing one or more conductors to provide adequate mechanical protection against damage.
“Bus-coupler” means a device, or set of devices, needed to facilitate the connection of two parallel circuits.
“Bus-section” means a device, or set of devices, that will extend a bus-bar to another.
“Circuit” means an interconnection of electrical elements such as resistors, inductors, capacitors, transmission lines, voltage sources, current sources and switches which have a closed loop giving a return path for the current.
“Clearance” means a minimum distance any part of a person’s body or any work tool may encroach to any unearthed, bare conductor or to any unearthed and unscreened conductor.
“Collectively Screened” means having a conductive covering enclosing all power conductors as well as all control conductors within the protective outer sheath of a cable.
“Conductor” means any substance or material which can transfer an electrical charge along or through it and is connected to an electrical circuit.
“Dead” means at or about zero potential with respect to the general mass of earth and disconnected from any live reticulation system.
“Domestic Voltage” means a voltage not exceeding 230V ± 10% alternating current phase to neutral.
“Earthed” means connected to the general mass of earth in such a manner as will ensure at all times an immediate discharge of electrical energy without risk.
“Electrical Apparatus” means any apparatus, machine and fitting in which conductors are used, or of which they form a part.
“Electrical Single-Line Diagram” means a diagram that shows, by means of single lines and graphic symbols, the general layout of an electric circuit or system of circuits.
“Flexible cable” means a cable of which the conductors consist of strands of diameter not exceeding 0,51 mm and of which the insulation and covering are such that they afford flexibility and in which the nominal cross sectional area of each conductor exceeds 4 mm 2 , but shall not include signalling cable, telephone cable, blasting cable, or flexible cord used with electric apparatus at a voltage not exceeding domestic voltage alternating current on a single phase system.
“Flexible cord” means a cable of which the nominal cross sectional area of each conductor does not exceed 4 mm 2 and of which each conductor consists of strands of diameter not exceeding 0,31 mm.
“Hazard Classification” A system developed for categorising electrical hazards based on the voltage and fault level ratings for electrical components.
“High Voltage (HV)” a set of nominal voltage levels in the range 44 kV and above to 220 kV.
“Individually Screened” means having a conductive covering enclosing power conductors individually within the protective outer sheath of a cable.
“Isolation” means disconnecting the apparatus from all possible sources of electrical potential and locking the apparatus in such a manner so that no energisation can take place.
“Insulated” means covered with any material that has the characteristic of low electrical conductivity such as to prevent an electrical discharge.
“Live” means electrically charged.
“Lockout-tagout” (LOTO) or lock and tag is a safety procedure which is used to ensure that machines / switchgear and Electrical equipment are properly isolated, de-energised and tagged.
“Low Voltage (LV)” means a set of nominal voltage levels that are used for the distribution of electricity, the upper limit of which is an a.c. voltage of 1000V or a d.c. voltage of 1 500 V.
“Medium Voltage (MV)” means a set of nominal voltage levels above the range of 1 000 V to below 44 kV.
“Metallic Covering” means iron or steel armouring or metal conduit surrounding two or more conductors with or without a lead or other metallic sheath as required in terms of operational conditions.
“Moveable Electrical Apparatus” means electrical apparatus, excluding self-propelled mobile machines or portable electrical apparatus, which is not installed on permanent foundations and is intended to be moved from place to place.
“Overhead Power Line” means an overhead line erected to convey electrical energy for any purpose other than communication but excluding the overhead contact or catenary wires of an electrical traction system.
“Permit to Work” is a formal, written, safe system of work to control potentially hazardous activities. The permit details the work undertaken and the necessary precautions to be taken.
“Portable Electric Apparatus” means electric apparatus, which is designed to be carried by hand, and may require electric power while being used.
“Reticulation System” means a circuit or combination of circuits.
“Substation” means a location containing medium or high voltage switchgear and associated equipment for the purpose of isolation, feeding, protecting and energising electrical equipment and reticulation systems.
“Switchgear” general term covering switching devices and their combination with associated control, measuring, protective and regulating equipment, also assemblies of such devices and equipment with associated interconnections, accessories, enclosures and supporting structures.
“Trackless Mobile Machine” means any self-propelled mobile machine that is used for the purpose of performing mining, transport or associated operations underground or on surface at a mine and is mobile by virtue of its movement on wheels, skids, tracks, mechanical shoes or any other device fitted to the machine, but excludes—
(a) rail bound equipment;
(b) scraper winches, mono rail installations, static winches, winding machinery installations and any equipment attached thereto.
“Trailing Cable” means cable used to supply power to any mobile machine and movable electrical apparatus which is designed to be dragged across the ground.
REGULATIONS
3.1 The employer must take reasonable practicable measures to ensure that—
(1) the design of all electrical apparatus and electrical reticulation systems are approved by a competent person;
(2) all electrical apparatus are under the control of a competent person; and
(3) all electrical apparatus are installed, repaired and maintained by a competent person.
3.2 The employer must take reasonable practicable measures to ensure that no person suffers any electrical shock, arc flash or electrocution as a result of—
(a) exposure to electrical current flow;
(b) a person coming into contact with live exposed parts of any electrical apparatus;
(c) exposure to electricity, arc flash, all fault currents, overvoltage and surges;
(d) any electrical apparatus failing due to electromagnetic interference from other equipment;
(e) any electrical apparatus being incorrectly designed, installed, operated or maintained; and
(f) any exposure to blasts, fires or arc flashes resulting from electrical faults.
3.3 The measures contemplated in regulation 3.2 must include measures to ensure—
3.3.1 proper fencing off or enclosures or clearances of such electrical apparatus;
3.3.2 that an extension of any electrical reticulation system is approved by a competent person before being energised, taking into account the reticulation network and the effect thereon;
3.3.3 that only competent persons are permitted to energise, de-energise or isolate electrical apparatus where the operation of such apparatus poses a significant risk and that such apparatus are protected against unauthorised access and operation;
3.3.4 that only competent persons authorised in writing by the employer to do so; carry out switching procedures on MV or HV equipment; and
3.3.5 that where the interruption of electrical supply to any equipment could result in a significant risk, such electrical supply can be provided from another source or network, which can include an emergency supply alternator or generator, for power supply in the event of an interruption to the normal power supply.
3. 4 The employer must take reasonably practicable measures to ensure that at any place at a mine, where electrical apparatus is installed and which may constitute a danger to persons shall be—
(a) of adequate size so as to provide safe and unobstructed clear working space for operating and maintenance staff;
(b) constructed and ventilated in such a manner that the apparatus is kept at a safe temperature to safeguard persons;
(c) constructed in such a manner as to provide protection where necessary against the ingress of vermin and water;
(d) illuminated in such a manner as to prevent any danger to persons and to enable all equipment to be distinguished clearly and all instruments, labels and notices to be read clearly while it is live;
(e) equipped with effective means to safely disconnect the energy source; and
(f) equipped with an effective fire extinguishing system.
3.5 The employer must take reasonably practicable measures to ensure that at every substation there must be a legible, up to date single line drawing of the reticulation system, highlighting ring feeds, of which that substation is a part, displayed in a conspicuous place. Every substation must be clearly identified, and its position clearly marked on such drawing.
3.6 The employer must take reasonably practicable measures to ensure that the area in which a substation is located is clearly demarcated and that notices are displayed at every point of entry to such an area. These notices shall—
(a) prohibit access of any unauthorised person from accessing that area;
(b) set out the procedures to be followed in the event of a fire;
(c) set out the first aid treatment measures to be given to persons suffering from the effects of electric shock and burns;
(d) indicate the presence of electricity;
(e) describe measures to safely remove any person incapacitated as a result of contact with electricity; and
(f) have available an effective means of communication.
3.7 The employer must take reasonably practicable measures to ensure that all suspended electrical cables that could cause a fire due to faults or mechanical damage, in stopes, haulages or shafts either through damage by moving machinery or by fall of ground are properly protected by—
(a) switchgear which is electrically supplied and commissioned with discrimination settings for overload and earth fault protection to prevent a fire;
(b) switchgear installed which is correctly rated to prevent a fire or explosion;
(c) all cables in areas where a fire can occur must be fire retardant cables or be coated with fire retardant material at areas in close proximity with timber; and
(d) the employer must have a procedure to be followed in the event of such a fire.
3.8 The employer of every coal mine must take reasonably practicable measures to ensure that all new main reticulation underground substations are designed and located such that they vent into the return air-way.
3.9 The employer must take reasonably practicable measures to ensure that where mineral oil is used as the medium for insulation or cooling of electrical apparatus, adequate precautions are in place to address any significant risk in the event of an explosion, spillage or burning of the oil.
3.10 The employer must take reasonably practicable measures to ensure that where electrical apparatus is accessible from the front and the back, each such apparatus are identifiable by clearly labelled and legible markings on the front and back fixed portions of such apparatus and on switchgear shutters.
3.11 The employer must take reasonably practicable measures to ensure that where ring feeds including bus-sections and bus-couplers are accessible from the front and the back, each such apparatus are identifiable by clearly labelled and legible markings on the front and back fixed portions of such apparatuses and on switchgear shutters.
3.12 The employer must take reasonably practicable measures to ensure that all electrical apparatus used for the distribution of electrical power, except electrical apparatus which contains domestic voltages, are clearly marked with the maximum voltage that may be present therein.
3.13 The employer must take reasonably practicable measures to ensure that no examination, adjustment, testing, repair or other work necessitating the dangerous approach to or the handling of electrical apparatus shall be carried out unless such apparatus is dead: Provided that where such equipment must be live for the purpose of examination, adjustment, repair or other work it may be done by or under the direct supervision of a competent person.
3.14 The employer must take reasonably practicable measures to ensure that no person other than a competent person authorised in writing by the employer to do so, enters a place where electric apparatus is installed unless all live conductors therein are insulated adequately or otherwise protected effectively against inadvertent contact: Provided that such authorised competent person may in case of an emergency be assisted by a person acting under the immediate personal supervision of such authorised competent person.
3.15 The employer must take reasonably practicable measures to ensure that when work is to be carried out on electrical apparatus which have been isolated from all sources of electrical supply, effective precautions shall be taken—
(i) by discharging all stored electrical energy; and
(ii) testing for dead including any ring feeds by earthing such apparatus and, in the case of ring-feeds or dual supplies of power, by earthing on both sides of the associated electrical apparatus worked on, so as to prevent any conductor or apparatus from being made live while any person is working thereon.
3.16 The employer must take reasonably practicable measures to ensure that any accessible metallic portion of electric apparatus which, though not normally forming part of an electric circuit, may inadvertently become live, is insulated or earthed by a conductor of adequate cross-sectional area capable of withstanding the maximum possible earth fault current condition, so as to prevent any significant risk to persons for the duration that the fault current may be flowing in the circuit.
3.17 The employer must take reasonably practicable measures to ensure that whenever work is to be carried out on electrical apparatus which has been isolated from all sources of supply, effective precautions shall be taken by earthing or other means to discharge electrically such electrical apparatus or any adjacent electrical apparatus to prevent any conductor or apparatus from being made live accidentally or inadvertently while any person is working thereon.
3.18 The employer must take reasonably practicable measures to ensure that no metal ladder or ladder with metal reinforced stiles is used for examination, repair, or other work necessitating the dangerous approach to or work on electrical apparatus.
3.19 The employer must take reasonably practicable measures to ensure that any accessible metallic portion of electrical plant or apparatus which, though not forming part of an electrical circuit, may accidentally become live shall either be protected by an insulating material or shall be connected to earth by a conductor of adequate cross-section so as to prevent danger to persons.
3.20 The employer must take reasonably practicable measures to ensure that the cross-sectional area of any earthing conductor is calculated to be capable of withstanding the maximum possible earth fault current condition.
3.21 The employer must take reasonably practicable measures to draw up and implement a procedure for all energising, de-energising and isolation of medium or high voltage electrical apparatus.
3.22 The employer must take reasonably practicable measures to ensure that where any electrical cable is buried in the ground or installed in such a position that mechanical damage to it may occur, it is protected by armouring.
3.23 The employer must take reasonably practicable measures to ensure that all flexible cables or trailing cables may only be used in connection with the operation of—
(a) any self-propelled mobile machine which requires electric power to operate such machine;
(b) movable electric apparatus; or
(c) portable electric apparatus.
3.24 The employer must take reasonably practicable measures to ensure that any flexible cable or trailing cable used in or on a mine or works shall be screened either individually or collectively and such screens shall be earthed: Provided that a cable used in a hazardous area shall be screened individually.
3.25 The employer must take reasonably practicable measures to ensure that no flexible cable or trailing cable shall have more than fifteen joint repairs, including sheath patches over a length of 200 metres and no joint repair or patch shall be closer than five metres to an adjacent joint, repair or patch and no joint, repair or patch shall be closer than three metres to the cable plug or its terminal connection at the machine or apparatus.
3.26 The employer must take reasonably practicable measures to ensure that any cable reel used in connection with self-propelled mobile machine shall be provided with a device which shall interrupt the power supply to the cable before the complete cable is unreeled so that at least one complete turn of the cable shall remain on the reel when the interruption of the power supply has been effected, unless the machine’s maximum range of travel is limited to less than that permitted by the cable on the reel for reasons other than the length of the cable.
3.27 The employer must take reasonably practicable measures to ensure that no electrical cable trench or duct is left open, uncovered or unprotected, except when persons are working in such trench or duct or where precautions have been taken to prevent persons from inadvertently falling into such trench or duct.
3.28 The employer must take reasonably practicable measures to ensure that persons are prevented from significant risks arising from inadvertent contact with overhead power lines by trackless mobile machines / rail bound equipment or while erecting or moving structures or other objects.
3.29 The employer must take reasonably practicable measures to ensure that persons carrying out examinations, repairs or other work at elevated positions in close proximity to exposed electrical apparatus are protected from live electrical contact.
3.30 The employer must take reasonably practicable measures to ensure that surface residential and commercial buildings are to be wired and protected in accordance with South African Bureau of Standards Code of Practice SANS 10142-1, 2006, “Wiring of premises and installations not exceeding 1 kV”. The normative references in SANS 10142-1, 2006 are not applicable to the employer.
3.31 The employer must take reasonably practicable measures to ensure that the design and construction of overhead power lines are in accordance with South African Bureau of Standards Code of Practice SANS 10280, 1995. “Overhead power lines for conditions prevailing in South Africa”. The normative references in SANS 10280, 1995 are not applicable to the employer.
3.32 The employer must take reasonably practicable measures to ensure that electrical security fencing is erected and maintained in accordance with the South African Bureau of Standards Code of Practice SANS 10222 : 2002, Part 3, “Electrical Security Fences (non lethal)”. The normative references of SANS 10222, 2002 are not applicable to the employer.
3.33 The employer must take reasonably practicable measures to ensure that any helmet light assemblies used underground at a mine complies with SANS 1438, 2013 “Helmet light assemblies for miners”. The normative references of SANS 1438, 2013 are not applicable to the employer.
3.34 The employer must take reasonably practicable measures to ensure that any helmet light assemblies used underground are tested in accordance with the requirements of ARP 0108:2013.
3.35 The employer must take reasonably practicable measures to ensure that the operating voltage of any portable lamp used at a mine does not exceed 32 volts.
3.36 The employer must take reasonably practicable measures to ensure that all electric apparatus are 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.
3.37 The employer must take reasonably practicable measures to ensure that all electric apparatus used in a hazardous area shall be explosion protected and certified as such by an inspection authority (la) certificate issued by an accredited test laboratory.
3.38 The employer must take reasonably practicable measures to ensure that any type and design of explosion protected apparatus shall at all times be identified in an inspection authority (la) certificate and an identification number shall be allocated to such apparatus by the accredited test laboratory.
3.39 The employer must take reasonably practicable measures to ensure that explosion protected apparatus is not used at a mine unless the manager is in possession of a copy of the inspection authority certificate. The identification number referred to in regulation 3.36 must be clearly and indelibly marked on the apparatus or on a metal plate (other than a light metal) permanently fixed to the apparatus.
[Chapter 3 ins by GoN R332 in G. 38708.]
Definitions
In this chapter, unless the context otherwise indicates—
“blasting” means the initiation of explosives for the purposes of fragmenting of rock or ore body;
“explosive” means—
(a) a substance, or a mixture of substances, in a solid or liquid state, which is capable of producing an explosion;
(b) a pyrotechnic substance in a solid or liquid state, or a mixture of such substances, designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these, as the result of non-detonative self-sustaining exothermic chemical reaction, including pyrotechnic substances which do not evolve gases;
(c) any article or device containing one or more substances contemplated in paragraph (a); or
(d) any other substance or article which the relevant Minister may from time to time by notice in the Gazette declare to be an explosive in terms of the Explosives Act, Act 15 of 2003;
“hot holes” means shot holes which after being drilled has an ambient temperature increase of three degrees Celsius;
“initiate” means the action or intended action of setting off explosives;
“manufacture” means the making or processing of any explosive;
“misfire” means any explosives which have failed to explode after initiation;
“misfired hole” means a shot hole or part of a shot hole in which any explosives or any portion thereof has failed to explode after initiation;
“old explosives” means any explosives that have been used or damaged in any way, or have deteriorated due to exposure to water or the surrounding atmosphere or which have expired; and includes explosives recovered from misfired holes;
“ore-body” means any natural in-situ rock that contains any form of mineral;
“permitted explosives” means explosives classified as such by the Chief Inspector of Explosives (as defined in the Explosives Act, Act 15 of 2003);
“primary blasting” means all blasting other than secondary blasting;
“primer” means an explosive cartridge or booster into which a detonator or detonating fuse has been inserted or connected;
“pumpable explosive” means—
(1) a mixture of ammonium nitrate, with or without other inorganic nitrates, with combustible substances which are not, classified as UN Number 0082, Class 1.1D; or
(2) a mixture of ammonium nitrate, with or without other organic nitrates, partially or wholly dissolved in water and with the addition of any of the following—
(i) ammonium nitrate emulsions, gels and suspensions, intermediate for blasting, classified as UN Number 3375;
(ii) combustible substances which are not explosive; or
(iii) substances which control the density of the final mix, either by chemical reaction or mechanically, and the final mix is classified as UN Number 0241, Class 1.1D;
or any form of explosive which is inserted in a hole by means of pumping;
“secondary blasting” means blasting for the purposes of removing obstructions, reducing rocks in size or making the workings safe;
“shot hole” means any drill hole charged with or intended to be charged with explosives;
“sleep-over blast” means any shot hole charged with explosives but not initiated in the same shift during which it was charged with explosives;
“socket” means any shot hole, or part of any shot hole, known not to be a misfired hole, which remains after having been charged with explosives and blasted or which, for any other reason, may be suspected of having contained explosives at any time and includes any shot hole, or part of any shot hole, from which all explosives have been extracted;
“stemming” means filling in shot holes with inert material; and
“tamping” means the consolidation of stemming and blasting materials in a shot hole.
Security in respect of explosives
4.1(1) The employer must take reasonably practicable measures to prevent persons not authorised by the employer from—
(a) gaining access to explosives;
(b) being in possession of explosives; or
(c) removing or attempting to remove explosives from a mine.
4.1(2) Only persons authorised by the employer may—
(a) gain access to or attempt to gain access to explosives;
(b) be in possession of explosives, or
(c) remove or attempt to remove explosives from a mine.
4.1(3) Subject to regulation 4.2(2), no person may, or cause or permit any other person to bury, hide, submerge or abandon any explosives.
Receipt, storage, issuing and transportation of explosives
4.2(1) The employer must ensure that—
(a) explosives that are not being transported or prepared for use are stored in explosive stores, silos or containers which are securely locked or, as far as reasonably practicable, designed and located so as to facilitate the safe and secure receipt, storage and issuing of explosives by a person referred to in regulation 4.1(2);
(b) a written procedure is prepared and implemented, after consultation with the explosive manufacturer or supplier, to prevent persons from being exposed to the significant risks associated with the receipt, storage, issuing and transportation, inadvertent initiation and the deterioration of explosives. This written procedure referred to in this subregulation must include the following—
Storage of explosives
(i) measures to ensure that every container used for the storage of explosives, including old explosives, is—
(a) of robust construction;
(b) provided with an effective lock and the key kept only by an authorised person referred to in regulation 4.1(2);
(c) clearly marked to indicate the type of explosives to be placed therein;
(d) of a capacity determined by the employer in consultation with the explosive manufacturer or supplier;
(e) spaced apart from any other container used for storage of explosives, at a distance determined by the employer after consultation with the explosive manufacturer or supplier;
(f) approved in writing for that purpose by the employer;
(ii) measures to ensure, at every mine where there is a significant risk of old explosives being present, that adequate storage facilities are provided for such old explosives;
(iii) no person must place, or cause or permit any other person to place any other materials or any implements or tools, in the explosives containers other than those necessary for the preparation of initiation systems or primers; and
(iv) measures to ensure that primers are kept separate from other explosives and stored in a container complying with regulation 4.2(1)(b)(i);
Issuing of explosives
(v) measures to ensure, as far as reasonable practicable, that the explosives that have been ordered or issued do not exceed the explosive storage capacity of the storage facility in which it is intended to store those explosives, either underground or on surface; and
Transportation of explosives
(vi) measures to ensure, as far as reasonably practicable, that explosives are only transported in vehicles, conveyances, unopened cases or locked containers approved in writing for that purpose by the employer.
4.2(2) The employer must take reasonable measures to ensure, when mine closure is intended, or when a mine is not being worked as contemplated in section 2(2), that the Principal Inspector of Mines and the Chief Inspector of Explosives (as defined in the Explosives Act, (Act 15 of 2003)) are notified in writing as soon as reasonably practicable, if any explosives have been left behind in the mine, of—
(i) the type, quantities and location of such explosives; and
(ii) the measures taken to safeguard persons from any significant risk associated with such explosives.
Destruction of explosives
4.2(3) The employer must ensure that a written procedure is prepared and implemented, after consultation with the explosive manufacturer or supplier, to ensure that explosives are destroyed safely and not re-used for any purpose. Such procedure must include measures to ensure that—
(i) only the competent person contemplated in regulation 4.4(1) destroys explosives;
(ii) in the case of underground coal mines, explosives must be destroyed only on surface;
(iv) the Chief Inspector of Explosives is informed in advance if more than 50kg of explosives are to be destroyed at any one time; and
[Editor Note: Numbering as per original Gazette.]
(v) no person destroys explosives on surface within a horizontal distance of 150 metres of any public building, public thoroughfare, railway line, power line or any place where people congregate or any other structure, which it may be necessary to protect in order to prevent any significant risk, unless—
(a) a risk assessment has identified a lesser safe distance and any restrictions and conditions to be complied with;
(b) a copy of the risk assessment, restrictions and conditions contemplated in paragraph (a) have been provided for approval to the Principal Inspector of Mines;
(c) written permission has been granted by the Principal Inspector of Mines; and
(d) any restrictions and conditions determined by the Principal Inspector of Mines are complied with.
Approved explosives and the usage of explosives at mines
4.3(1) The employer must take reasonable measures to ensure that only explosives approved in writing by the employer are used at the mine.
4.3(2) The employer must take reasonable measures to ensure that explosives are used in accordance with a written procedure prepared and implemented for that purpose by the employer, after consultation with the explosive manufacturer or supplier. The written procedure must include the following—
(a) All explosives must be used in the same sequence as they are issued;
(b) Under no circumstances must any blasting cartridge be broken or cut or a wrapper round any blasting cartridge be interfered with, except when preparing the blasting cartridge for the insertion of a detonator or detonating fuse;
(c) The only primers that must be permitted to be prepared are primers that are required for immediate use;
(d) Where igniter cord is used, such an igniter cord must be laid as close as practicable to the face and not on, or in contact with timber or other combustible material or flammable substance not forming part of the explosives charges; and
(e) Where pumpable explosives are used, the pumpable explosives are only sensitised at a working place where explosive charges are being prepared prior to the pumpable explosives being pumped into a shot hole.
4.3(3) The employer must take reasonable measures to ensure, if explosives are manufactured at the mine, that—
(a) it is done in accordance with a written procedure prepared and implemented for that purpose after consultation with the explosive manufacturer or supplier; and
(b) all mobile and portable explosives manufacturing units at a mine are used, inspected, serviced and maintained in accordance with a written procedure prepared and implemented for that purpose after consultation with the explosives manufacturer or supplier.
4.3(4) The employer must take reasonable measures to ensure that explosive powered tools are issued, stored, used and maintained in accordance with a written procedure prepared and implemented for that purpose by the employer after consultation with the manufacturer or supplier of such explosive powered tools.
4.3(5) The employer must take reasonable measures to ensure, subject to regulation 4.3(3), that only permitted explosives are used in fiery mines.
4.3(6) The employer must take reasonable measures to ensure that a written procedure is prepared and implemented after consultation with the explosives manufacturer or supplier to prevent persons from being exposed to significant risks associated with the spillage of explosives.
Primary and Secondary blasting to be performed by a competent person
4.4(1) The employer must take reasonable measures to ensure, where primary or secondary blasting takes place, that a competent person is appointed in writing to—
(a) exercise control over all explosives to be used for blasting at those working places for which the competent person is responsible;
(b) prepare primers;
(c) examine any shot hole to be deepened to ensure it is safe to deepen;
(d) examine for and deal with misfires and sockets, in accordance with the written procedure prepared in terms of regulation 4.11;
(e) mark or indicate shot holes for drilling or to authorise the drilling of shot holes marked or indicated by another person authorised to do so by the employer, except where the shot holes were marked or indicated by means of electronic software system, including but not limited to Global Positioning System or Laser, the competent person must be required to over inspect and authorise the commencement of drilling of shot holes;
(f) exercise control over any manufacturing at the working places for which such competent person is responsible for, of pourable or pumpable explosives to be used;
(g) connect blasting rounds or circuits;
(h) charge shot holes with explosives or place explosive charges; and
(i) make safe all hot holes in terms of the written procedure contemplated in regulation 4.16(7).
Management and control over explosives
4.4(2) The employer must take reasonably practicable measures to ensure that the competent person referred to in regulation 4.4(1) reports to the employer, whenever explosives are delivered to the working place for which that competent person is in charge, whether or not the correct quantity of explosives was delivered.
Persons performing primary or secondary blasting may be assisted
4.4(3) The employer may appoint a competent person in writing to assist the competent person referred to in regulation 4.4(1) with the following activities—
(a) exercising control over those explosives to be used during the performance of the duties of the competent person referred to in regulation 4.4(1) as stipulated in paragraphs (b), (c), (d) and (e) below;
(b) the preparation of primers;
(c) the charging of shot holes with or the placing of explosive charges;
(d) the connecting of blasting rounds or circuits; and
(e) the handling and transport of explosives, initiation systems and accessories.
Certification of initiation apparatus and blasting systems
4.5(1) The employer must take reasonable measures to ensure that where initiation of explosives charges takes place by means of electricity—
(a) apparatus used for the initiation of electronic detonators complies with SANS 1717-1 (2006) ‘The design and approval of EED initiation systems for use in mining and civil blasting’ and SANS 551 (2010) ‘Detonators, relays and initiating devices for commercial applications’;
(b) apparatus used for the initiation of electric detonators complies with SANS 1717-2 (2006) ‘The design and approval of EED initiation systems for use in mining and civil blasting’ Part 2 “Electric Initiation System - Shot Exploder Based of SANS 1717’;
(c) apparatus used for the initiation of detonators by means of a controlled blasting system complies with SANS 1717-3 (2007) “The design and approval of detonator initiation systems for use in mining and civil blasting Part 3 Controlled Blasting System”;
(d) every shot exploder, initiator or electronic delay detonator system is tested and certified by a test laboratory accredited for this purpose by the government endorsed national accreditation body as contemplated in ARP 1717 (2010) “Guide to the regulatory requirements for the approval of detonators, initiators and initiation systems used in mining and civil blasting applications”;
(e) every inherently safe apparatus used for the testing of a circuit containing an electric detonator, electric or electronic initiator electronic delay detonator or a similar device is tested and certified for that purpose by a test laboratory accredited for this purpose by the government endorsed national accreditation body approved by the approving authority as contemplated in ARP 1717; and
(f) the shot-firing apparatus is maintained in an efficient and safe working order. Each shot-exploder must be provided with a removable operating handle or key or with a locking arrangement to secure it against unauthorised use and must be marked with a serial number, and a record must be kept of all examinations and tests carried out on it.
4.5(2) The normative reference in the SANS standards in regulation 4.5(1) above are not applicable to the employer.
Precautionary measures before initiating explosive charges
4.6(1) The employer of every underground coal mine must take reasonable measures to ensure that the competent person referred to in regulation 4.4(1) does not initiate explosive charges in an underground coal mine unless the—
(a) coal to be blasted has two free faces;
(b) end of the shot hole is at least 150 millimetres short of the back of the cut providing the second of the two free faces; and
(c) portion of the shot hole between the explosive charge and the collar is completely filled with stemming and tamped, in accordance with regulation 4.14.
4.6(2) The employer of every underground coal mine must take reasonable measures to ensure that the competent person referred to in regulation 4.4(1) does not fire an explosive charge in an underground coal mine where the place where the explosive charge is to be fired is dry and dusty, unless—
(a) a permitted explosive is used; and
(b) the place of firing and all contiguous accessible place(s) within a radius of 20 metres from it at the time of firing have been wetted through watering or have been given effective treatment with incombustible dust, in all parts where dust is lodged, whether roof, floor or side.
4.6(3) The employer of every underground mine must take reasonable measures to ensure that—
(a) explosives are not brought to the working place where blasting is to be carried out unless the—
(i) drilling of shot holes have been completed;
(ii) shot holes are ready to be charged with explosives;
(iii) quantity of explosives do not exceed the estimated required quantity to be used for the blast;
(b) the competent person referred to in regulation 4.4(1) does not initiate any explosive charge unless—
(i) the shot hole between the explosive charge and the collar is completely filled with stemming material and tamped;
(ii) all persons have been removed from the working place where explosive charges are to be initiated;
(iii) all entrances to the working place(s) where explosive charges are to be initiated, or to places where the safety of person(s) may be endangered by such initiation, are effectively guarded so as to prevent inadvertent access to such place(s) while such explosive charges are being initiated;
(iv) such competent person, gives or causes to be given due warning in every direction and is satisfied that no person remains where they might be exposed to danger from the initiating of such explosive charges.
4.6(4) The employer of every underground mine must take reasonable measures to ensure that the competent person referred to in regulation 4.4(1) or any person authorised to do so by the employer does not initiate an explosive charge in any underground mine where a centralised blasting system is being used, unless all persons who may be endangered by such initiation of explosive charges have been moved to a safe area.
4.6(5) The employer of every surface mine must take reasonable measures to ensure that—
(a) no person remains or approaches, or is caused or permitted to remain or approach, within 15 metres of any shot hole being charged with explosives, unless such person is assisting in the charging up of shot holes with explosives;
(b) except with the written permission of the Principal Inspector of Mines explosives are not brought to the working place where blasting is to be carried out until the shot holes are ready to be charged with explosives and the quantity of explosives brought to the working place do not exceed the estimated required quantity;
(c) before the initiation of explosive charges, an adequate number of guards are stationed at a safe distance determined by a risk assessment to prevent persons accessing the blasting area and that the guards remain at the safe distance until the initiation of explosive charges is completed and the guards are recalled by the competent person referred to in regulation 4.4(1); and
(d) at least three minutes before an explosive charge is initiated, the competent person referred to in regulation 4.4(1) gives due warning of the initiation of explosive charges.
4.7 The employer must take reasonable measures to ensure that when blasting takes place, air and ground vibrations, shock waves and fly material are limited to such an extent and at such a distance from any building, public thoroughfare, railway, power line or any place where persons congregate to ensure that there is no significant risk to the health or safety of persons.
4.8 The employer must take reasonable measures to ensure that the stemming or tamping is not withdrawn from a shot hole that has been charged with explosives except when dealing with misfired holes in accordance with the provisions of regulation 4.11(5).
Precautions after charges have been initiated
4.9 The employer must take reasonable measures to ensure that after explosive charges have been initiated or misfired holes have been re-initiated, the competent person referred to in regulation 4.4(1) does not approach, or causes or permits any other person to approach, within the range of the exploding charges until such competent person is satisfied that all the explosive charges have exploded or until a period of 30 minutes has expired, after the initiation of the charges.
Precautions when initiating by means of electricity
4.10(1) The employer must take reasonable measures to ensure that, where initiating takes place by means of electricity, the competent person referred to in regulation 4.4(1), after such competent person has connected the blasting cable to the detonator wires of any explosive charge or charges and before such explosive charge or charges have been initiated, does not—
(a) remain or approach, or cause or permit any other person to remain or approach, within a distance where such person may be endangered by the initiating of such explosive charges, except for the purpose of examining the blasting circuit; and
(b) examine the blasting circuit, or cause or permit the blasting circuit to be examined, unless both leads are disconnected from any source of electricity, whether for initiating explosive charges or testing the blasting circuit;
4.10(2) The employer must, where initiation takes place by means of electricity, take reasonable measures to ensure that the competent person referred to in regulation 4.4(1)—
(a) only uses a blasting cable provided for that purpose and which is in good order and of sufficient length to ensure that the blasting cable cannot come into contact with any other cable or electrical apparatus;
(b) secures the initiating device of the blast in an adequate and reasonable manner so as to prevent unauthorised access or use of the blasting system;
(c) connects the blasting cable to the detonator wires of any explosive charge or charges or to the wires of the initiator or similar device only after completing all blasting precautions, other than those referred to in paragraphs (d), (e) and (g) of this regulation;
(d) does not apply any electrical test to the blasting circuit except through the blasting cable and from a place of safety;
(e) does not connect the blasting cable to the terminals of the initiating device until immediately before initiation of explosive charges or attempting to initiate the explosive charges;
(f) except in the case of a remotely operated centralised electric blasting system, immediately after initiating or attempting to initiate the explosive charges, disconnects both leads of the blasting cable from the initiating device and then—
(i) removes the operating handle or key of the initiating device; or
(ii) secures the locking arrangement of the initiating device and removes the key;
(g) in the case of a remotely operated centralised electric blasting system, does not connect the blasting cable to the terminals of the blasting box until immediately before leaving such competent person’s working place at the end of the shift; and
(h) in the case of a remotely operated centralised electric blasting system, disconnects immediately at the commencement of the shift any blasting cable from the terminals of the blasting box;
4.10(3) The employer must take reasonable measures to ensure that, after the explosive charges have been initiated by means of electricity, the competent person referred to in regulation 4.4(1)—
(a) carefully examines for misfired holes where the charges have been initiated, before permitting any person to work there;
(b) instructs any person engaged in clearing the broken rock, mineral or ground to report immediately to such competent person the finding of any wires that may lead to a misfired hole; and
(c) carefully traces any such wires to determine whether or not a misfired hole has occurred;
4.10(4) The employer must take reasonably practicable measures to ensure that where the initiation of explosives takes place by means of electricity and where there is a risk of an explosive charge being initiated by lightning, operations in connection with the preparation or initiation of explosive charges are not started or continued on the approach of or during a thunderstorm and that no person remains, or is caused or permitted by any other person to remain, within an area where any person may be injured by the accidental initiation of explosives.
Precautions for misfires, sockets and old explosives
4.11 The employer must take reasonable measures to ensure that a written procedure is prepared and implemented, after consultation with the explosive manufacturer or supplier, to prevent persons from being exposed to the significant risk associated with misfires, sockets and old explosives. Such procedure must include measures to ensure that—
4.11(1) no person gains inadvertent access to any misfired hole which is not immediately dealt with, and which measures should include clearly marking the misfired hole or barricading it off and requiring reporting of the misfired hole to all subsequent shifts, at the start of each such shift, until the misfired hole has been dealt with;
4.11(2) in any shaft in the course of being sunk, in addition to the requirements of regulation 4.9—
(a) the competent person referred to in regulation 4.4(1) makes a sketch showing the position of every misfired hole and sockets;
(b) every sketch referred to in regulation 4.11(2) is kept at the mine for a period of at least seven days unless directed otherwise in writing by the Principal Inspector of Mines; and
(c) the washing or blowing over and the preparation of the sketch required in terms of regulation 4.11(2) is done at least once a day under the immediate supervision of the person authorised to do so by the employer, and that this authorised person ensures that the washing or blowing over has been effectively done and the sketch properly prepared by means of personal inspection;
4.11(3) explosives are only extracted from any misfired hole by a means determined for this purpose after consultation with the explosives manufacturer or supplier;
4.11(4) the person extracting explosives from a misfired hole—
(a) ensures as far as reasonably practicable that all the explosives in the misfired hole are extracted; and
(b) recovers all explosives that have been extracted from the misfired hole;
4.11(5) no person removes or causes any other person to remove the plugs that are used to plug sockets or misfired holes unless such plugs are removed by the competent person referred to in regulation 4.4(1) for the purpose of inspection or are removed at the end of the shift prior the initiating of explosive charges;
4.11(6) in all surface mines the competent person referred to in regulation 4.4(1)—
(a) re-initiates the misfired hole; or
(b) drills or causes to be drilled in the presence of such competent person, a relieving hole not less than 150 millimetres deeper than the misfired hole and which relieving hole is parallel to and not nearer than one metre to the misfired hole and that such competent person charges and initiates this relieving shot hole and recovers the explosives liberated from the misfired hole; or
(c) extracts the explosives from the misfired hole in accordance with the provisions of regulation 4.11(3);
4.11(7) in underground mines, except underground coal mines, the competent person referred to in regulation 4.4(1)—
(a) examines every socket and misfired hole to ascertain its depth, direction and whether it contains any explosives, by a means determined by the employer after consultation with the explosives manufacturer or supplier; and
(b) extracts explosives from the misfired hole in accordance with the provisions of regulation 4.11(3) and plugs the socket with a plug supplied for that purpose by the employer; or
(c) re-primes and blasts; or
(d) charges up the misfired holes with explosives and initiates the explosive charges; or
(e) blasts the misfires at the end of the shift;
4.11(8) in underground coal mines the competent person referred to in regulation 4.4(1)—
(a) where a misfired hole is in stone, extracts the explosives from the misfired hole in accordance with the provisions of regulation 4.11(3) and charges up the misfired holes with explosives and blasts the misfires before or at the end of the shift;
(b) where a misfired hole is in a coal, drills or causes to be drilled in the presence of such competent person, a relieving shot hole parallel to and not nearer than 300 millimetres to the misfired hole and that such competent person charges and initiates the explosives charge contained in the relieving shot hole before or at the end of the shift.
Precautionary measures for marking, drilling and blasting
4.12 The employer must take reasonable measures to ensure that a written procedure is prepared and implemented, after consultation with the explosive manufacturer or supplier, to prevent persons from being exposed to the significant risk associated with marking, drilling and blasting of shot holes. Such procedure must include measures to ensure that—
4.12(1) in underground mines—
(a) before the competent person referred to in regulation 4.4(1) points out or marks any shot hole for drilling, such competent person—
(i) removes or causes to be removed all loose or loosened rock, mineral or ground to a safe distance from the shot hole determined by a risk assessment; and
(ii) searches for any misfired hole or socket within a distance of at least two metres from the proposed position or mark.
(b) no person drills or causes or permits to be drilled any shot hole—
(i) unless the competent person referred to in regulation 4.4(1) has clearly marked the position and direction of the shot hole with paint or other suitably visible material, or, if such marking is impracticable, has pointed out the exact position and direction of the shot hole;
(ii) unless it is placed more than 150 millimetres from any socket and is drilled in such a direction that it will nowhere come nearer than 150 millimetres from any socket;
(iii) unless it is placed more than two metres from any misfire and is drilled in such a direction that it will nowhere come nearer than two metres from any misfired hole; and
(iv) if it deviates from the position and direction indicated as contemplated in paragraph (i) above;
(c) no person drills or causes or permits to be drilled any shot hole in any shaft, drive, crosscut, winze, raise, bord, stall or other similar confined space underground where there is known to be a misfired hole until the misfired hole has been dealt with in accordance with the provisions of regulation 4.11(3);
(d) no person deepens or causes or permits any other person to deepen any hole which has been left standing or which is not completed at the end of a shift, unless—
(i) it has not been charged with explosives and it has been clearly described by the competent person referred to in regulation 4.4(1) in charge of the shift leaving work to the competent person referred to in regulation 4.4(1) in charge of the shift about to commence; or
(ii) the competent person referred to in regulation 4.4(1) examines such hole and finds it not to contain any explosives, or causes this to be done;
4.12(2) in surface mines—
(a) before any competent person referred to in regulation 4.4(1) points out or marks any shot hole for drilling or authorises any other person to point out or mark the position and direction of any shot hole for drilling, such competent person searches for any misfired hole or socket within a distance of at least two metres from the proposed position or mark;
(b) no person drills or causes or permits to be drilled any shot hole in any surface mine where there is known to be a misfired hole unless the shot hole is so drilled that it will nowhere come nearer than two metres to the misfired hole or unless the misfired hole has been dealt with in accordance with the provisions of regulation 4.11(3);
(c) no person drills or causes or permits to be drilled any shot hole, unless—
(i) it is placed more than 150 millimetres from any socket and is drilled in such a direction that it will nowhere come nearer than 150 millimetres to any socket;
(ii) it is a shot hole that deviated from the position and direction indicated in paragraph (a) above; and
(iii) no person deepens or causes or permits any other person to deepen any shot hole that has been left standing or which has not been completed at the end of a shift, unless it has not been charged with explosives and has been clearly described by the competent person referred to in regulation 4.4(1) in charge of the shift leaving work to the competent person referred to in regulation 4.4(1) in charge of the shift about to commence.
Prevention of flammable gas and coal dust explosions
4.13 The employer of every underground mine must take reasonable measures to ensure that—
4.13(1) a blow out, ignition of flammable gas or initiation of a coal dust explosion does not occur due to the design and positioning of the shot holes or due to the type of explosives that are used;
4.13(2) initiating devices or systems used in blasting operations are designed not to cause a methane or coal dust explosion;
4.13(3) testing for flammable gas is done in accordance with a written procedure prepared and implemented for this purpose; and
4.13(4) no explosives are initiated where flammable gas or coal dust may be present in sufficient quantities to cause a flammable gas or coal dust explosion or to cause flammable gas to burn.
Shot holes to be stemmed and tamped
4.14 The employer must take reasonable measures to ensure that—
4.14(1) tamping of each shot hole is of a minimum length of 0.4m or a third of the length of the shot hole, whichever is the greater, to a maximum length equal to the burden used in the blast pattern; and
4.14(2) no explosives contained in a shot hole are initiated unless the portion of the shot hole between the explosives and the collar is stemmed and tamped by means of a material determined for that purpose by the employer after consultation with explosive manufacture or supplier.
Amount or mass of explosives in a shot hole
4.15 The employer must take reasonably practicable measures to ensure that the maximum amount or mass of explosives used per shot hole is according to the manufacturer’s or supplier’s recommendations.
General precautions
4.16 The employer must take reasonable measures to ensure that—
4.16(1) in any mine other than a coal mine, no explosive charges are initiated during the shift unless—
(a) such explosive charges are necessary for the purpose of secondary blasting or re-initiating the misfired holes in development faces;
(b) written permission for such initiation has been granted by a person authorised to do so by the employer; and
(c) reasonable precautions have been taken to prevent, as far as possible, any person from being exposed to smoke or fumes from such initiation of explosive charges;
4.16(2) no blasting operations are carried out within a horizontal distance of 500 metres of any public building, public thoroughfare, railway line, power line, any place where people congregate or any other structure, which it may be necessary to protect in order to prevent any significant risk, unless—
(a) a risk assessment has identified a lesser safe distance and any restrictions and conditions to be complied with;
(b) a copy of the risk assessment, restrictions and conditions contemplated, in paragraph (a) have been provided for approval to the Principal Inspector of Mines;
(c) shot holes written permission has been granted by the Principal Inspector of Mines; and
(d) any restrictions and conditions determined by the Principal inspector of Mines are complied with.
4.16(3) no person smokes, lights a fire or brings a naked light or flame, within a distance of 10 metres of where explosives are being loaded, transported, off loaded, handled or explosive charges are being prepared;
4.16(4) in any mine blasting take place only at a time determined in writing by the employer;
4.16(5) in surface mines, a written procedure is prepared and implemented, after consultation with the explosive manufacturer or supplier, to prevent persons from being exposed to the significant risks associated with hot holes. Such procedure must include—
(a) where there is a significant risk of hot holes occurring, that the competent person referred to in regulation 4.4(1) measures the temperature of the [sic]; and
(b) that the temperatures of the shot holes are measured at any point throughout the length of the shot hole and recorded prior and during charging up operations.
4.16(6) a written procedure is prepared and implemented after consultation with explosives manufacturer or supplier to ensure that sleep-over blasts are carried out safely;
4.16(7) a written procedure is prepared and implemented, after consultation with the explosive manufacturer or supplier, to prevent persons from being exposed to significant risks associated with secondary blasting. The written procedure must include measures to ensure that—
(a) all persons are moved to a safe area prior to secondary blasting taking place;
(b) guards are placed at all entrances at a safe distance determined by a risk assessment, to the area where secondary blasting is to take place; and
(c) written permission from a person authorised by the employer to do so, is granted before secondary blasting is carried out;
4.16(8) the competent person referred to in regulation 4.4(1)—
(a) takes all reasonable precautions to safeguard every person assisting such competent person in the preparation of explosive charges against an accident;
(b) only charges shot holes with explosives within a reasonable time of initiation and after all persons not required to assist in the charging have been removed to a safe distance determined by risk assessment;
(c) charges only the shot holes or prepare only the explosive charges that are intended to be initiated at the next blast and, while explosives charges are awaiting initiation, ensures that they are not interfered with;
(d) except as may be necessary to re-initiate a misfired hole, does not insert more than one detonator into an explosive charge, provided that in wet workings two detonators may be used only if they are both inserted into the same cartridge and securely fastened to it;
(e) only uses a means, appliance or material supplied by the employer for the purpose of initiating of explosive charges or testing of a blasting circuit; and
(f) before any charge is initiated, takes adequate measures to prevent injury to persons or damage to property caused by blasting operations.
4.17(1) may drill or blast any shot hole in a subterranean tunnel intended to be used for purposes other than extracting minerals, unless—
(a) a risk assessment has identified a lesser safe distance and any restrictions and conditions to be complied with;
(b) a copy of the risk assessment, restrictions and conditions contemplated, in paragraph (a) have been provided for approval to the Principal Inspector of Mines;
(c) written permission has been granted by the Principal Inspector of Mines; and
(d) any restrictions and conditions determined by the Principal Inspector of Mines are complied with;
4.17(2) may smoke, light a fire or bring a naked light or flame, within a distance of 10 metres of where explosives are being loaded, transported, off loaded, handled or explosive charges are being prepared;
4.17(3) who is engaged in handling explosives or who is travelling on a vehicle on which explosives are being transported may carry matches or any other means of producing a flame or a spark;
4.17(4) warned of the initiation of explosive charges as contemplated in regulation 4.6(5)(d) may remain in or enter the unsafe area surrounding the place where the initiation of explosives is to take place;
4.18 Every person must report, in a manner prescribed by the employer, without delay any case of gassing, however slight, to ensure that such case receives prompt medical attention.
[Chapter 4 ins by GoN R1279 in G. 29458; subs by GoN R584 in G. 38970.]
FIRES AND EXPLOSIONS
Report to Employer
5.1(1) The employer must ensure that a competent person reports to the employer, at appropriate intervals determined in accordance with the mine’s risk assessment, on—
(a) the effectiveness of the precautionary measures taken to prevent or suppress explosions of coal dust or flammable gas; and
(b) the adequacy of measures in place to prevent, detect and combat the start and spread of mine fires.
[Reference is made to the following Guidelines issued by the Chief Inspector of Mines in terms of section 9(2) of this Act
(i) Guideline for the Compilation of a Mandatory Code of Practice for the Prevention of Coal Dust and Flammable Gas Explosions: Ref.: DME 16/3/2/1-A1
(ii) Guideline for the Compilation of a Mandatory Code of Practice for the Prevention of Flammable Gas Explosions in Mines Other than Coal DME 16/3/2/1-A2]
[Reg 5.1(1) ins by Sch of GoN R904 in G. 23583.]
5.1(2) Where at any area at a mine, a fire could pose a significant risk to the health and safety of persons, the employer must take reasonable measures to ensure that flammable liquids, gases and materials in use, are transported, stored, deposited, used and disposed of in such a way as to prevent the starting or spreading of a fire.
[Reg 5.1(2) ins by Sch in GoN R1237 in G. 25404.]
5.1(3) The employer at any mine at which a fire occurs must, as soon as practicable, notify the employer of any other mine at which the spread of such fire could constitute a hazard should such fire not be immediately extinguishable, of the existence of that fire
[Reg 5.1(3) ins by Sch in GoN R1237 in G. 25404.]
5.1(4) The employer must take reasonably practicable measures to ensure that any coal, coal debris or bituminous rock is deposited so that it does not pose a significant risk to the health or safety of any person.
[Reg 5.1(4) ins by Sch in GoN R1237 in G. 25404.]
5.1(5) The employer, at any mine where the risk assessment indicates a risk of the presence of flammable gas, must ensure- that all flammable gas measuring instruments and flammable gas warning devices used at the mine for the detection of methane or hydrogen or a mixture of both, comply with the South African National Standard Specification SANS 151 5-1 : 2006, Edition 2.1 “Gas measuring equipment primarily for use in mines: Part 1: Battery operated portable, flammable gas measuring instruments and warning devices”.
[Reg 5.1(5) ins by GoN R92 in G. 30698.]
5.1(6) Annex A: “Assessment of Compliance with this part of the Specification” contained in South African National Standard Specification SANS 1515-1:2006, Edition 2.1 shall, for the purpose of regulation 5.1(5), be deemed to be normative.
[Reg 5.1(6) ins by GoN R92 in G. 30698.]
HEALTH AND SAFETY REPRESENTATIVES AND COMMITTEES
[An italicised word or phrase is defined in section 102 of this Act and such word or phrase in bold is defined in Chapter 20 of these Regulations.]
[Unless otherwise indicated all references to sections are references to sections of this Act.]
Prescribed period for negotiations and consultations
6.1(1) The owner of a mine required to enter into negotiations in terms of sections 26(1) and 33(1), must commence negotiations within one month of the obligation to do so arising.
[6.1(1) The obligation to negotiate arises when there is a representative trade union at a mine and when there are 20 or more, or 100 or more, employees at the mine in the case of sections 26(1) and 33(1), as the case may be.]
[6.1(1) In terms of section 33(8) the negotiations and consultations contemplated in section 26(1) and 33(1) may be held at the same time.]
6.1(2) The manager of a mine required to enter into consultations in terms of section 26(6) or (7) and 33(6) or (7), must commence consultations within one month of the obligations to do so arising.
6.1(3) If no collective agreement is concluded on the number of full-time health and safety representatives within three months of negotiations commencing in terms of regulation 6.1 (1), any party to a dispute in terms of section 26(8)(a) may refer the dispute to the Commission.
6.1(4) If no agreement is concluded on the number of full-time health and safety representatives within three months of consultations commencing in terms of regulation 6.1(2), any party to a dispute in terms of section 26(8)(b) may refer the dispute to the Commission.
Application of regulations
6.2 If a collective agreement dealing with the election of health and safety representatives, full-time health and safety representatives or employee representatives on health and safety committees is concluded in terms of Chapter 3 of this Act, the regulations in this Chapter dealing with such election do not apply.
[6.2-Section 33(4) authorises this regulation.]
Establishment of election committee
6.3(1) The manager must establish an election committee.
6.3(2) The election committee—
(a) must include an appropriate number of employee representatives; and
(b) may include a number of management representatives.
6.3(3) If the election committee includes management representatives, their number must be equal to or less than the number of employee representatives.
6.3(4) The employee representatives on the election committee must be appointed—
(a) by the representative trade union at the mine;
(b) if there is no representative trade union at the mine, by the registered trade unions with members at the mine; or
(c) if there is no registered trade union with members at the mine, by the employees at the mine.
Duties of election committee
6.4 The election committee must—
(a) determine fair and reasonable procedures for the nomination and election of health and safety representatives;
(b) ensure that elections are conducted in terms of such procedures;
(c) appoint an election officer and one or more counting officers for each election; and
(d) after consulting the manager, determine the date, time and place of each election.
Duties of manager
6.5(1) The manager must—
(a) as far as practicable, ensure that every employee is made familiar with the nomination and election procedures;
(b) give reasonable and understandable notice to the employees of the date, time and place of each election;
(c) provide the facilities and assistance reasonably necessary for the election committee to perform its functions;
(d) provide the facilities reasonably necessary for—
(i) the election of health and safety representatives; and
(ii) the appointment of employee representatives on any health and safety committee; and
(e) provide reasonable time off from work, without loss of remuneration, for employees to participate in the elections of health and safety representatives.
6.5(2) The Chief Inspector may issue guidelines regarding the facilities and assistance to be provided in terms of regulation 6.5(1).
Nomination of health and safety representatives
6.6(1) Every candidate for election as a health and safety representative for a shift and designated working place, must be nominated for election by an employee who works on the same shift at the designated working place.
[6.6(1)-Section 28(1) prescribes the qualifications of health and safety representatives.]
6.6(2) Every candidate for election as full-time health and safety representative for a mine must be nominated for election by an employee.
[6.6(2)-Section 28(2) prescribes the qualifications of full-time health and safety representatives.]
Procedures for the election of health and safety representatives
(a) If only one candidate is nominated for election as a health and safety representative for a shift at a designated working place, the election officer must declare the candidate elected.
(b) If two or more candidates are nominated for election as a health and safety representative for a shift at a designated working place, the election officer must hold an election.
6.7(2) Every election for a health and safety representative—
(a) must be under the control of the election officer; and
(b) is only valid if 50% or more of the employees who work on the same shift at the designated working place concerned vote in the election.
(a) If less than 50% of the employees who work on the same shift at the designated working place concerned vote in an election, the election officer must, after consulting the manager, determine a date, time and place for a subsequent election.
(b) Regulation 6.7(2)(b) does not apply to such subsequent election.
6.7(4) Every employee on a shift at a designated working place has one vote in the election of every health and safety representative for that shift and designated working place.
6.7(5) The counting officers must, under the supervision of the election officer, count all valid votes.
6.7(6) The election officer must announce the results of the count to the employees concerned.
6.7(7) If an election for an alternate health and safety representative is held, it must be conducted in the same manner as an election for a health and safety representative.
Procedures for the election of full-time health and safety representatives
6.8(1) If the number of candidates nominated for election as full-time health and safety representatives at a mine is—
(a) not more than the number that must be elected, the election officer must declare the candidates elected; or
(b) more than the number that must be elected, the election officer must hold and [sic] election.
6.8(2) Every election for a full-time health and safety representative—
(a) must be under the control of the election officer; and
(b) is only valid if 50% or more of the employees vote in the election.
(a) If less than 50% of the employees vote in an election, the election officer must after consulting the manager, determine a date, time and place for a subsequent election.
(b) Regulation 6.8(2)(b) does not apply to the subsequent election.
6.8(4) Every employee has one vote in the election of every full-time health and safety representative.
6.8(5) The counting officers must, under the supervision of the election officer, count all valid votes.
6.8(6) The election officer must announce the results of the count to the employees.
Appointment of health and safety representatives
6.9 The manager must—
(a) within seven days of election, appoint in writing every employee elected as a health and safety representative;
(b) provide every health and safety representative with suitable means of identification as a health and safety representative; and
(c) prominently and conspicuously display the photograph and name of the health and safety representative at an appropriate place at the mine.
Appointment of employee representatives on health and safety committee
6.10 Every employee representative on a health and safety committee at a mine must be appointed by a majority of the health and safety representatives at the mine.
[6.10-Section 34(4) requires the employee representatives on health and safety committees to be appointed by the health and safety representatives.]
Period of office
6.11(1) The period of office of any health and safety representative or employee representative on a health and safety committee is three years.
6.11(2) Despite regulation 6.11(1) the health and safety committee may determine shorter periods of office for—
(a) health and safety representatives;
(b) full-time health and safety representatives; and
(c) employee representatives on a health and safety committee.
6.11(3) Every health and safety representative and employee representative on a health and safety committee may be reappointed in accordance with the provisions of these Regulations after the expiry of their periods of office.
Vacation of office and filling of vacancies
6.12(1) A health and safety representative must vacate office on expiry of that representative’s period of office or if—
(a) the representative—
(i) no longer satisfies the qualifications contemplated in section 28(1); or
(ii) resigns as a health and safety representative; or
(b) so required in writing on the grounds that the representative has not properly performed the functions of a health and safety representative by—
(i) at least 50% of the employee representatives on the health and safety committee; or
(ii) at least 50% of the employees who work on the same shift at the designated working place as the health and safety representative.
6.12(2) A full-time health and safety representative must vacate office on expiry of that representative’s period of office or if—
(a) the representative—
(i) no longer satisfies the qualifications contemplated in section 28(2); or
(ii) resigns as full-time health and safety representative; or
(b) so required in writing on the grounds that the representative has not properly performed the functions of a full-time health and safety representative by—
(i) at least 50% of the employee representatives on the health and safety committee; or
(ii) at least 50% of the employees.
6.12(3) The manager must within seven days from the time when a health and safety representative must vacate office in terms of regulation 6.12(1) or (2), terminate the health and safety representative’s appointment and in writing notify the health and safety representative of it.
6.12(4) A vacancy contemplated in regulation 6.12(1) or (2) must be filled by a health and safety representative elected in a by-election held in terms of regulation 6.7 or 6.8, as the case may be.
6.12(5) An employee representative on a health and safety committee must vacate office on the committee on expiry of such representative’s period of office of it [sic] that representative—
(a) is removed from office by a majority vote of employee representatives on the health and safety committee on grounds that the representative has not properly performed the functions of an employee representative on the health and safety committee; or
(b) resigns as employee representative on the health and safety committee.
6.12(6) A vacancy contemplated in regulation 6.12(5) must be filled by an employee appointed in terms of regulation 6.10.
[Chapter 6 subs by reg 2 of GoN R846 in G. 18078.]
INSPECTORATE OF MINE HEALTH AND SAFETY
Qualifications of inspectors
7.1 An officer must comply with the appointment requirements of the Personnel Administration Standard for the Occupational Class: Inspector: Mines or the Occupational Class: Inspector: Mining Machinery approved by the Public Service Commission read in conjunction with Public Service Staff Code K.II/I to be appointed as an inspector on the establishment of the Mine Health and Safety Inspectorate.
Authorisation certificate
(a) The Chief Inspector must issue each inspector appointed in terms of section 49(1) with a certificate DME 34 signed by the Chief Inspector.
(b) The certificate which must include the names, identification number and a photograph of the inspector, must indicate—
(i) the position in which the inspector is employed; and
(ii) that the inspector may, in terms of section 50(1), enter any mine for the purposes of monitoring or enforcing compliance with this Act.
[7.2(1)-Section 49(2) requires the Chief Inspector to issue a prescribed certificate to each inspector.]
(a) The Chief Inspector must issue each person authorised under section 49(4)(b) with a letter of authorisation and a certificate DME 35 signed by the Chief Inspector.
(b) The letter of authorisation must include—
(i) the names of the person;
(ii) the functions to be performed by the person;
(iii) the area in which the functions will be performed; and
(iv) the period for which the person is authorised.
(c) The certificate, which must include the names, identification number and a photograph of the authorised person, must indicate that the person—
(i) is appointed to perform the functions of an inspector as indicated in the letter of authorisation; and
(ii) may, in terms of section 50, enter any mine to perform such functions.
[7.2(2)-Section 49(5) requires the Chief Inspector to issue a prescribed certificate to each person authorised to perform the functions of an inspector.]
7.2(3) Every inspector appointed or person authorised under section 49(1) or 49(4) as the case may be, must at all times when entering, or performing any function at any mine—
(a) carry on their person, certificates DME 34 or 35 and the letter of authorisation issued in terms of regulation 7.2(2), as the case may be; and
(b) must show such certificate and letter to the manager of the mine or the person in charge of any working place at the mine, if requested to do so.
(a) Despite regulations 7.2(1) to (3) the Principal Inspector of Mines may issue a letter, signed by the Principal Inspector of Mines to any inspector appointed or person authorised under section 49(1) or 49(4), as the case may be, who for any reason is not in possession of a certificate DME 34 or 35.
(b) The letter issued under regulation 7.2(4)(a) must include the names of the inspector or person and the official stamp of the office of the Principal Inspector of Mines and must state that the inspector or person is duly appointed or authorised under section 49(1) or 49(4), as the case may be.
(c) Regulation 7.2(3) is applicable to a letter issued under regulation 7.2(4).
7.2(5) A certificate DME 34 or 35 or a letter contemplated in regulation 7.2(4) is deemed to be adequate proof of an appointment or authorisation under section 49(1) or 49(4), as the case may be.
[Chapter 7 subs by reg 3 of GoN R846 in G. 18078.]
MACHINERY AND EQUIPMENT
Air Compressors
8.1(1) The employer must ensure, in the case of air compressors with a free delivery in excess of 0,15 cubic metres per second and where compression takes place in the presence of lubricating oil, that the compressor is fitted with automatic means of limiting the operating temperature and pressure of the compressor to a safe level.
[Reg 8.1 ins by GoN R1579 in G. 24168.]
Underground Railbound Transport
8.2 The employer must take reasonable measures to ensure that—
8.2(1) the braking system of every locomotive or train is capable of stopping the locomotive or train within a safe distance under all operating conditions;
8.2(2) the braking system of every locomotive has passed a dynamic type test under full load conditions, before being used for the first time and after any brake design modifications;
8.2(3) the braking system of every locomotive has passed a static test before the locomotive is put into use at the commencement of each shift, after repairs and after adjustments;
8.2(4) a system is in place to alert persons to the presence and direction of travel of any locomotive or train,
8.2(5) a system is in place to assist the driver or operator of a locomotive or train to travel at a safe speed;
8.2(6) any rolling stock used for the transportation of persons is approved, by a competent person and is operated and maintained safely;
8.2(7) a system is in place that is capable of preventing any locomotive or train from inadvertently being set in motion.
8.3 No person may board or alight from a locomotive or train while it is in motion.
The following regulations made under the Minerals Act, in force in terms of item 4 of Schedule 4 of the Act, are hereby repealed.
[Regs 8.2 and 8.3 ins by Sch in GoN R583 in G. 26333.]
[Editor note: The notice states the following: “The regulations in the Schedule shall not be applicable to underground endless rope haulage installations, monorail installations, chairlift installations, overhead cranes and crawls, railbound equipment used in shafts, winders and raises, lifting machines, stackers and reclaimers.”]
Scraper Winch and Mono-Rope installation
8.4(1) The employer, at every mine where scraper-winches or mono-rope winches are operated, must take reasonable measures to prevent persons from being injured as a result of—
(a) any person coming into contact with any moving part of a scraper winch or mono-rope winch installation or any equipment attached thereto; and
(b) the scraper winch or mono-rope winch installation being unsafe.
8.4(2) The measures to be taken by the employer in terms of regulation 8.4(1) must include measures to ensure that—
(a) scraper-winches and mono-rope winches are only operated by competent persons authorised by the employer to do so;
(b) the scraper winch or mono-rope winch is not operated until it is examined and declared safe to operate by a person authorised to do so by the employer;
(c) means are provided to forewarn persons of the intention to commence operating any scraper-winch or mono-rope winch;
(d) means are provided for persons to signal to the operator, from any access point to the installation, to shut down the operation of the scraper-winch or mono-rope winch installation;
(e) scraper winch and mono-rope winch ropes, scraper attachments and rope splicing are regularly inspected;
(f) the scraper winch ropes are always underlay;
(g) a written procedure is prepared and implemented for the installation of the winch system, covering at least—
(i) the requirements of scraper and mono-winch foundations and installations;
(ii) the crossover and anti-fouling arrangements of ropes from two or more winches;
(iii) illumination of the moving parts of any winch so that they can be identified by persons;
(iv) appropriate sheave and return pulley anchor and rigging arrangements, including the use of safety slings;
(v) measures to ensure that winch ropes are used within the design capacity;
(vi) winch starter box location to ensure ease of operation by the operator; and
(vii) the moving and transport of winches from one location to another.
[Reg 8.4 ins by GoN R1225 in G. 28333.]
Lifting Equipment Regulations
Definitions
For purposes of regulation 8.5, unless the context otherwise indicates—
“Lifting equipment,” means any equipment or machine or arrangement of equipment or machines intended or used for the lifting, lowering, suspension, or moving in suspension of any person or load.
“Lifting tackle,” means any attachment, including anchoring points, used to secure lifting equipment or a load to lifting equipment.
8.5(1) The employer must take reasonable measures to ensure that no person is injured due to the failure of any lifting equipment or lifting tackle as a result of—
(a) incorrect design for the intended application;
(b) incorrect installation; or
(c) insufficient maintenance.
8.5(2) The employer must take reasonable measures to ensure that the installation, use (including the transport of persons), maintenance, inspection, testing and keeping of records of lifting equipment and lifting tackle are done in accordance with a written operating procedure prepared and implemented for that purpose.
8.5(3) The employer must take reasonably practicable measures to ensure that—
(a) only lifting equipment and lifting tackle with a minimum factor of safety of four is used;
(b) lifting equipment and lifting tackle are not used beyond their design capacity; and
(c) the safe working load of any lifting equipment and lifting tackle is conspicuously and clearly marked or indicated thereon.
8.5(4) Notwithstanding regulation 8.5(2), the employer must take reasonably practicable measures to ensure that the following lifting tackle has a minimum factor of safety of—
(a) 10 for natural fiber ropes;
(b) six for steel wire ropes, man-made fiber ropes and textile webbing; and
(c) four for high tensile steel chains.
8.5(5) The employer must take reasonable measures to ensure that only persons authorised in writing by the employer to do so, operate lifting equipment and lifting tackle.
8.5(6) The employer must take reasonably practicable measures to ensure that the lifting equipment used at the mine is designed and manufactured in accordance with an appropriate standard.
[Reg 8.5(6) am by GoN R 90 in G. 30698.]
8.5(7) The following regulations promulgated under Minerals Act, 1991 (Act 50 of 1991) in force in terms of item 4 of Schedule 4 of the Act, are hereby repealed—