10.   OCCUPATIONAL HEALTH AND SAFETY

10.3.1  

South Africa

For many years, the safety of people working in South African mines and quarries was controlled by the Mines and Works Act, 1956, and subsequently the former Minerals Act which was replaced by the Minerals and Petroleum Resources Development Act, 28 of 2002. Several incidents in mines in recent years indicated that this legislation needed to be updated and revised. The findings of the Leon Commission of Inquiry into Health and Safety in the Mining Industry in April 1994 led to the drafting of new legislation, which resulted in the Mine Health and Safety Act, No. 29 of 1996, which has subsequently been amended by Act 72 of 1997, or the Mine Health and Safety Act.

The Mine Health and Safety Act was the result of intensive discussions and consultations between Government, employers and employee representatives over an extended period of time and came into force on 15 January 1997. The objectives of the Mine Health and Safety Act are:

• To protect the health and safety of persons at mines;
• To require employers and employees to identify hazards and eliminate, control and minimise the risks relating to health and safety at mines;
• To give effect to the public international law obligations of South Africa that concern health and safety at mines;
• To provide for employee participation in matters of health and safety through health and safety representatives and the health and safety committees at mines;
• To provide for effective monitoring of health and safety conditions at mines;
• To provide for enforcement of health and safety measures at mines;
• To provide for investigations and inquiries to improve health and safety at mines;
• To promote:
  • a culture of health and safety in the mining industry;
  • training in health and safety in the mining industry; and
  • co-operation and consultation on health and safety between the State, employers, employees and their representatives.

The Mine Health and Safety Act prescribes general and specific duties for employers and others, determines penalties and a system of administrative fines, and provides for employee participation by requiring the appointment of health and safety representatives, and through the establishment of health and safety committees. It also entrenches the right of employees to refuse dangerous work. Finally, it describes the powers and functions of a mine health and safety inspectorate and the process of enforcement. It is anticipated that mining companies will incur additional expenditures in order to comply with the legislation’s

requirements. Provided Exxaro maintains material compliance then SRK considers that such additional expenditures is unlikely to have a material adverse effect upon Exxaro, although there can be no assurance of this.

10.3.2  

Australia

Health and safety in Australia is governed by various regulatory bodies and mining and labour legislation. In particular, the mining industry is governed by the Mines Safety and Inspection Act, 1994, and the Mine Safety and Inspection Regulation, 1995. Employers and employees are bound by a “Duty of Care” that outlines rights and responsibilities of the various parties with respect to the safety of both themselves and others. At State level, safety and health in Western Australia is regulated by the Occupational Safety and Health Act, 1984, and the Occupation Safety and Health Regulations, 1996, which is supported by the on-mine codes of practice.

10.3.3  

Namibia

Health and safety in Namibia is governed by various regulatory bodies and mining and labour legislation.

10.3.4  

Historical Safety Statistics

Table 10.1, Table 10.2 and Table 10.3 contain information on historical safety statistics.