Notice of accidents or dangerous occurrences
6.1 (1) The mine manager shall inform the Chief Inspector by the quickest
means available and confirm such accident without delay in such form as
may be determined by the Chief Inspector when an accident occurs in or
at a mine in the course of mining operations which results in -
(a) the death of any person;
(b) the injury of any person -
(i) which is likely to be fatal;
(ii) in consequence of which such person loses a limb or part of a limb
or is likely to suffer a permanent disability;
(iii) which incapacitates such person for a period expected not to be
less than 14 days from performing his or her normal duties for which he
or she was employed or is usually employed;
(c) the unconsciousness or incapacitation of any person from heatstroke,
heat exhaustion, electric shock or inhalation of fumes or poisonous gas;
(d) the ignition or explosion of gas or dust;
(e) the accidental ignition or detonation of explosives;
(f) the outbreak of any fire which has potential to endanger the safety
of persons;
(g) the influx or presence of any noxious or flammable gas;
(h) the inrush of water which has potential to endanger the safety of
persons;
(i) the potential of any dump, tailings dam or reservoir becoming insecure;
(j) the breakdown or failure of any main ventilation system;
(k) any rock-burst underground;
(l) the extensive caving or subsidence of ground;
(m) any unplanned ground movement or a premature collapse of any part
of the workings;
(n) the running out of control of winding engine, winding drum, driving
sheave, shaft conveyance or any other conveyance;
(o) the failure, fracture or distortion of, or damage to, any winding,
balance or tail rope or to any attachments to a shaft conveyance, counterweight,
detaching gear, guide, pulley or to a headframe, winding plant or driving
sheave;
(p) the overwinding of any shaft conveyance;
(q) the uncontrolled runaway of a trackless vehicle, locomotive or other
similar machinery as may be specified by the Chief Inspector;
(r) the bursting of, or the unplanned activation of any safety device
in, a system containing steam, compressed air or other substance under
pressure which has the potential to endanger the safety of persons;
(s) any diving related sickness;
(t) any other work related occurrence which in the opinion of the mine
manager constitutes an immediate danger to health and safety to any person;
(u) such other occurrence as may from time to time be determined by the
Chief Inspector by notice in writing to the mine manager,
(2) When an injury referred to in paragraph (b) of subregulation (1) results
in the death of the injured person after notice has been given in terms
of that subregulation or when any injury other than an injury referred
to in that paragraph and in respect of which no notice was so given, develops
into an injury referred to in that paragraph, the mine manager shall forthwith
inform the Chief Inspector in accordance with that subregulation.
Disturbance of places of accidents
6.2 (1) Where an accident referred to in regulation 6.1 (1) results in
the death of, or injury to, any person so referred to, the place of accident
shall not be disturbed or altered before the arrival or without the consent
of the Chief Inspector, unless -
(a) such disturbance or alteration is necessary to prevent any further
accident or to rescue any person from danger; or to remove any injured
or deceased person; or
(b) discontinuance of work at the place of accident would seriously impede
the workings of the mine.
(2) The mine manager shall, before the place of an accident referred to
in subregulation (1) is disturbed or altered or, if the place is disturbed
or altered to prevent any further accident or to rescue persons from danger,
or to remove any injured or deceased person immediately after the place
has been so disturbed or altered, cause a sketch of such place, illustrating
the accident together with a key to the sketch showing all relevant details
and photographs, if available, to be prepared.
Inquiries into accidents by mine managers
6.3 (1) Where an accident referred to in regulation 6.1 (1) has occurred,
except as provided for in regulation 6.2 (1)(a), the mine manager concerned
or a competent person authorized thereto by him or her, shall -
(a) inspect the place of accident accompanied by a workplace safety representative;
(b) inquire in consultation with the workplace safety representative with
due regard to the sketch and photographs referred to in regulation 6.2
(2), into the causes of, and circumstances surrounding, such accident;
(c) on completion of each investigation, prepare a report that:-
(i) whenever possible, identifies the causes and the underlying causes
of the accident or dangerous occurrence;
(ii) identified any unsafe condition, acts, or procedures that contributed
in any manner to the accident or dangerous occurrence, and
(iii) makes recommendations to prevent a similar accident or dangerous
occurrence.
(d) submit forthwith a written copy of the report of such inquiry, together
with the said sketch and photographs to the Chief Inspector.
(2) The workplace safety committee, or in the absence of such committee,
the workplace safety representative may submit an independent report of
such inquiry to the Chief Inspector within 14 days, after the conclusion
of the investigation.
Inquiries into accidents by Chief Inspector
6.4 (1) The Chief Inspector -
(a) shall hold an inquiry into the causes of any accident referred to
in paragraph (a), (b)(i) or (ii) or (c) of regulation 6.1 (1);
(b) may -
(i) hold an inquiry into any accident other than an accident referred
to in paragraph (a) of this regulation;
(ii) may, if he or she has reason to believe that any person has contravened
any provision of these regulations or failed to comply therewith, hold
an inquiry into such contravention or failure;
(c) shall, if it is for any reason in the opinion of the Minister necessary
or expedient, hold an inquiry into any such matter relating to the health
and safety of persons employed or otherwise present in or at a mine as
may be determined by the Minister.
(2) (a) If any workplace safety committee or, in the absence of such committee,
a workplace safety representative submits a reasonable request in writing
to the Chief Inspector, setting out the reasons, for an inquiry to be
held into any occurrence or condition at the mine in respect of which
he or she has been elected which affects or is affecting or likely to
affect the health and safety of persons, the Chief Inspector -
(i) shall cause such occurrence or condition to be investigated;
(ii) may, if he or she deems it desirable, after consideration of the
result of the investigation referred to in subparagraph (i), hold an inquiry
into such occurrence or condition.
(b) If the Chief Inspector declines to inquire into any occurrence or
condition as provided in paragraph (a)(ii), he or she shall make the result
of the investigation referred to in paragraph (a)(i) available to the
workplace safety committee or, in the absence of such committee, a workplace
safety representative referred to in paragraph (a).
(3) The Chief Inspector shall, if necessary with the assistance of an
interpreter, take down or record by mechanical or electronic means the
evidence given thereat.
(4) Upon the conclusion of an inquiry held in terms of subregulation (1)
or (2)(a)(ii), the Chief Inspector -
(a) shall prepare a report containing his or her findings and, if any,
such recommendations as to the steps which in his or her opinion ought
to be taken in relation to causes which gave rise to the accident in question,
and, if according to such findings any offence, whether under these regulations
or otherwise, has been committed, submit such report to the Prosecutor-General
together with such number of copies as may be required by the Prosecutor-General
of the evidence recorded in such inquiry.
(b) may issue such orders as he or she is empowered to issue under these
regulations or take such other steps as may be necessary in order to remedy
any causes which gave rise to the accident in question or to prevent the
occurrence in future of any accident of that nature.
(5) This regulation shall not derogate from any law in terms of which
an inquest or other inquiry into the death of a person due to other than
natural causes shall be held and regulated, and any inquiry contemplated
in subregulation (1) shall be held in addition to such inquest or other
inquiry.
Attendance and examination of witnesses at inquiries held by Chief
Inspector
6.5 (1) The Chief Inspector in holding an inquiry in terms of regulation
6.4 (1) or (2) into any matter may, for the purposes of such inquiry -
(a) direct or summon any person to appear before him or her at such time
and place as may be determined by him or her;
(b) order any person present at the place where such inquiry is being
held -
(i) to give evidence thereat;
(ii) to produce any document or thing which he or she may deem necessary
for the proper disposal of such inquiry;
(iii) to perform any other act in relation to this Act which he or she
may direct.
(2) (a) If any person has reason to believe that he or she may be held
liable for any matter which shall or may be inquired into in terms of
regulation 6.4(1) or (2) he or she shall have the right, but is, subject
to subregulation (1), not compelled, to be present at any such inquiry
and to be assisted or represented by another person.
(b) If at any inquiry held in terms of regulation 6.4(1) or (2) evidence
has been or is being given from which any person may reasonably infer
that he or she may be charged with contravening any provision of these
regulations or failing to comply therewith or may be held responsible
in any manner for the matter comprising the subject of such inquiry, he
or she shall have the right, but is not compelled, to give evidence and,
either personally or through a representative -
(i) to be heard;
ii) to call any witness or to request the Chief Inspector to direct or
summon any witness on his or her behalf, either to give evidence thereat
or to produce any document or thing;
(iii) to cross-examine anybody giving evidence at such inquiry;
(iv) to peruse any document which has been presented as evidence.
(3) Any person who satisfies the Chief Inspector that he or she has a
material interest in any inquiry held in terms of regulation 6.4(1) or
(2) may, either personally or through a representative, put such questions
as the Chief Inspector may consider relevant to such inquiry, to a witness
giving evidence thereat.
(4) (a) The Chief Inspector may, at any inquiry held in terms of regulation
6.4(1) or (2), administer an oath which is normally administered to a
witness in a court of law, to any witness before he or she gives evidence
or, if he or she objects to taking such oath, he or she may make an affirmation,
and such affirmation shall have the same legal force and effect as if
he or she has taken such oath.
(b) No person called as a witness at any inquiry held in terms of regulation
6.4(1) or (2) shall, when he or she is requested thereto, refuse or fail
to take an oath or, if he or she objects thereto, to make an affirmation.
(c) No person to whom an oath referred to in paragraph (a) has been administered
or who has made an affirmation so referred to, shall give false evidence
knowing it to be false or make a statement under oath or affirmation which
is contrary to any statement which he or she made under oath or affirmation
on a previous occasion.
(5) Any witness at any inquiry held in terms of regulation 6.4(1) or (2)
shall have the same privileges in relation to the answering of questions
or the production of documents or things as he or she would have had under
the same circumstances if he or she had been summoned as a witness before
a court of law.
(6) (a) Any inquiry or any part thereof held in terms of regulation 6.4(1)
or (2) shall, in so far as it is in the opinion of the Chief Inspector
practically possible or desirable, be held in public.
(b) The Chief Inspector may decide whether any witness who has to give
evidence or has given evidence at any inquiry referred to in paragraph
(a), shall be present whilst other witnesses are giving their evidence
thereat.
(7) An inquiry in terms of this regulation and an inquest held by a judicial
officer in terms of the Inquests Act, 1993 (Act 6 of 1993) may be held
jointly as provided by section 26(2) of that Act.
Obstruction of inquiry or investigating officer or failure to
render assistance
6.6 No person shall, in relation to any inquiry held in terms of regulation
6.4(1) or (2) -
(a) without reasonable justification fail to comply with any direction,
summons or order issued or given under regulation 6.5(1) or by virtue
of a request under regulation 6.5(2)(b)(ii);
(b) refuse or fail to answer to the best of his knowledge any question
lawfully put to him or her by or with the concurrence of the Chief Inspector:
Provided that no person shall be obliged to answer any question whereby
he may incriminate himself or herself;
(c) in any manner whatsoever advise, encourage, incite, order or persuade
any person who has been directed, summoned or ordered under regulation
6.5(1) or by virtue of a request under regulation 6.5(2)(b)(ii), not to
comply with such direction, summons or order or in any manner prevent
him or her from doing so;
(d) refuse or fail, when required thereto by the Chief Inspector, to furnish
him or her with the means or to render him or her the necessary assistance
for holding such inquiry;
(e) refuse or fail, when required thereto by the Chief Inspector, to attend
an inquiry; or
(f) intentionally insult the Chief Inspector or intentionally interrupt
the proceedings thereat.
Records of accidents, dangerous occurrences and diseases
6.7 The mine manager shall cause -
(a) a register to be kept and maintained of any accident, dangerous occurrences
and diseases.
(b) an extract from such register to be submitted to the Chief Inspector
at the end of each quarter.
Notices of diseases
6.8 (1) A list of notifiable diseases are contained in Chapter 2; Regulation
47 2 (1) of the Labour Act 1992 : Assignment of the provisions of the
Regulations relating to the health and safety of employees at work.
(2) The Minister may by notice in the Gazette determine any other diseases
to be notifiable to the Chief Inspector.
(3) The mine manager shall notify the Chief Inspector within seven days
when any person employed in or at the mine contracts any disease listed
in subregulation (1).
(4) Such notification shall contain the particulars of the persons and
of the illness so contracted.
Occupational health services
6.9 (1) The Minister may, in consultation with the Minister of Health
and Social Services having regard to the type of work, the hazards and
the number of employees employed at a workplace, designate a workplace
or a class of workplace as requiring organized occupational health services
or targeted medical surveillance of a general or specific nature, or in
case of non-availability of occupational health services, as requiring
enterprise based occupational health services.
(2) The Chief Medical Officer of Occupational Health may conduct, or arrange
for the conduction by a registered occupational health practitioner, of
any medical examination of employees at a specific workplace that the
officer considers necessary for the purposes of these regulations.
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