December/January 2015 Legal Update

by | Jan 7, 2015 | Uncategorized | 0 comments

Monthly update: December/January 2015

 

 

Comments:      

 

The main changes, relating to health and safety legislation during the period under review, relate to the Mine Health and Safety Act.

 

Two new Mandatory Codes of Practice (“MCOP”) guidelines were released by the Chief Inspector. In terms of Section 9 of the Act, it would be an offence where an MCOP is not drafted in accordance with the guideline.

 

While probably the most important new developments, various secondary issues are also discussed. These include: SANS standards, hazardous goods transport, railway safety and COID issues.

 

The amendments are discussed below. Please do not hesitate to contact us should you have any questions, or need assistance in managing your health and safety legal exposures.

 

For health and safety legal discussions and updates, visit https://www.legalcs.co.za/legal-updates/

 

 

 

 

 

 

 

 

 

 

 

 

 

Description Mine Health and Safety Act, 29 of 1996, Mandatory Code of Practice – Risk based fatigue management
Government Gazette GG 38339 (GNR 1025)
Type Notice
Date published 19 December 2014
Effective date 19 December 2014
OHS Act Sites
MHS Sites X

 

 

The Chief Inspector has published a new guideline for the compilation of a Mandatory Code of Practice on Risk Based Fatigue management.

 

Failure to implement the MCOP is a breach of Section 9.

 

The guideline, amongst others, deals with:

 

  1. Definitions including Fatigue, Shift Work and Supervisor,
  2. The inclusion of work and non work related fatigue,
  3. Development of a fatigue management plan,
  4. Establishing a fatigue management committee,
  5. Fatigue risk assessment.

 

 

Description Mine Health and Safety Act, 29 of 1996, Mandatory Code of Practice – Safe use of conveyor belt installations for the transportation of mineral material or personnel
Government Gazette GG 38339 (GNR 1024)
Type Notice
Date published 19 December 2014
Effective date 19 December 2014
OHS Act Sites
MHS Sites X

 

 

The Chief Inspector has published a new guideline for the compilation of a Mandatory Code of Practice on Risk Based Fatigue management.

 

Failure to implement the MCOP is a breach of Section 9.

 

The guideline, amongst others, deals with:

 

  1. Definitions, including: Conveyor belt installation and power supply (Note MHSA Regulation Chapter 8 dealing with conveyor installations contains further applicable definitions)
  2. Structural design,
  3. Lightning protection,
  4. Crossing over or under installations,
  5. Installation, erection, dismantling and re-erection,
  6. Maintenance and repair,
  7. Fire prevention (references SANS 971-2003, cross reference to the MCOP’s on the prevention of flammable gas and coal dust explosions in collieries and mine environmental engineering and occupational hygiene will have to be included where relevant).

 

 

Description Standards Act, 2008
Government Gazette GG 38290 (GNR 1004)
Type Notice
Date published 12 December 2014
Effective date 12 December2014
OHS Act Sites X
MHS Sites X

 

 

  1. Schedule 1: New Standards

Some of the more important new standards include:

  • SANS 50483-2: 2014 Low voltage aerial bundled cable accessories
  • SATS 61439-7: 2014 Low voltage switchgear and controlgear

 

  1. Schedule 2: Amendment of existing standards

Some of the more important amended standards include:

  • SANS 1083: 2014 Aggregates from natural resources – aggregates for concrete
  • SANS 61010-2-032: 2014 Safety requirements for electrical equipment for measurement, control and laboratory use

 

  1. Schedule 3: Cancellation of standards

The following standards have been cancelled

  • SANS 1700-7, 14, 16: 2004 Fasteners, parts 7, 14 and 16 (Hexagon nuts, washers)

 

  1. Schedule 4: Contact details

This has remained unchanged.

 

 

Description National Safety Regulator Act, 2002
Government Gazette GG 38348 (GNR 1162)
Type Notice for comments
Date published 18 December 2014
Effective date Comment by 18 February 2015
OHS Act Sites X
MHS Sites X

 

 

The Minister of Transport has published permit fee Regulations for comment.

 

The Regulations serve to regulate the manner of application for safety permits, who has to bring the application for permits as well as the types of permit to be applied for.

 

Comments on the proposed Regulations must be submitted by 18 February 2015.

 

 

Description National Road Traffic Act, 2006
Government Gazette GG 38297 (GNR 1094)
Type Notice
Date published 5 December 2014
Effective date 5 December 2014
OHS Act Sites X
MHS Sites X

 

 

The Minister of Transport has gazetted a list of approved service providers for the training of Dangerous Goods Transporters.

 

The Notice contains names and contact details of approved training bodies.

 

 

Description Compensation for Occupational Injuries and Diseases Act, 1993
Government Gazette GG 38251 (GNR 951)
Type Notice
Date published 25 November 2014
Effective date 25 November 2014
OHS Act Sites X
MHS Sites X

 

 

The Minister of Labour has given Notice that certain monthly pensions are to increase by 7 percent.

 

FOR ANY FURTHER INFORMATION, COMMENTS OR QUERIES, PLEASE DO NOT HESITATE TO CONTACT THE WRITER.

 

Regards,

 

Jaco Swartz

Managing Director

Legislative Compliance Specialists (Pty.) Ltd.

011 704 4814

082 898 9463

jacos@legalcs.co.za

www.legalcs.co.za

 

Submit a Comment

Your email address will not be published. Required fields are marked *