OHS Act Legal Liability Training


Monthly update: February/March 2015





The major amendment with an impact on potential liability for the mining industry is the promulgation of new Machinery Regulations under Chapter 8 of the Mine Health and Safety Act Regulations.


The new Regulations deal with Trackless Mobile Machinery and as such distinguishes between different fields of application, e.g. underground vs. surface and electrically vs. diesel operated. The Regulations have the potential for massive impact on the industry.


A Guideline document has been published by the Department of Labour. The intention is to guide users, manufacturers etc. on the implementation of and compliance with the Pressure Equipment Regulations 2009, published under the Occupational Health and Safety Act.


Another issue which will to some extent have a potential impact are the proposed amendments to the National Road Traffic Act. These are discussed below. Also have a look at https://www.legalcs.co.za/will-mine-health-safety-act-occupational-health-safety-act-apply-vehicle-accidents/ where we discuss the application of the MHSA/OHSA to vehicle accidents.


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 National Road Traffic Act, 1996, Regulations
Government Gazette GG  38430 (GNR  79)
Type Notice
Date published  28 January 2015
Effective date Comment by 28 February 2015
OHS Act Sites X
MHS Sites X


The Minister of Transport published draft Regulations in terms of the National Road Traffic Act.


The chief amendments to the Regulations deal with, amongst others:


1.      Number plate requirements to be applied by provincial administrations,

2.      Reserved letters for use on number plates,

3.      SANS codes applicable to number plates.


Description Standards Act
Government Gazette GG 38492 (GNR 132)
Type Notice
Date published 27 February 2014
Effective date 27 February 2014
OHS Act Sites X
MHS Sites X


1. Schedule 1: New Standards

Some of the more important new standards include:

·        SATS 3691-8: 2014 Industrial trucks, safety specifications

·        SANS 53670: 2014 Execution of concrete structures


2. Schedule 2: Amendment of existing standards

Some of the more important amended standards include:

·        SANS 10231:2014 Transportation of hazardous goods

·        SANS 2220-2-2:2014 Electrical Security Systems


3. Schedule 3: Cancellation of standards

The following standards have been cancelled

·        SANS 5571:2007 Pesticides (Oil based)


4. Schedule 4: Contact details

This has remained unchanged.


Description Occupational Health and Safety Act, Pressure Equipment Regulations 2009
Government Gazette GG  38505 (GNR  167)
Type Guideline
Date published  28 January 2015
Effective date For notice
OHS Act Sites X
MHS Sites X


The Department of Labour has published a Guideline document in order to assist manufacturers, users, inspection authorities and importers of pressure equipment in complying with the Pressure Regulations 2009.


The guideline deals with, amongst other issues:

1.      Definitions (including the relevance of definitions in incorporated standards)

2.      Confirmation that the Certificate of Manufacture is equivalent to the Certificate of Conformity as contained in SANS 347

3.      Confirms the principles of manufacturers liability as contained in Section 10 of the Act, insofar the legal entity importing pressure equipment into the country is deemed to be the manufacturer thereof and must conversely comply with all manufacturers duties

4.      Where Users mandate EPCM’s etc. to procure pressure equipment and manage its installation and commissioning, that entity is deemed to be the manufacturer

5.      The duties of the importer (manufacturer) for imported equipment is explained

6.      Users who intend implementing the risk based approach should liaise with the Department of Labour first

7.      A list of required information to be submitted as part of the DoL application is included in the Guideline

8.      Risk based inspections (Regulation 12) is confirmed to be against ISO 1721 and not 1720 as the requirements differ

9.      In terms of recordkeeping it is confirmed that the user needs to keep all information for the period of use of the pressure equipment. It is stated that the user need not be the owner.

10. Manufacturers (including importers etc.) are to keep records for a minimum period of 12 years

11. It is confirmed that utility air is not a dangerous gas and need not be inspected etc. in terms of the PER, but only insofar as it has been categorised in terms of SANS 347

12. It is confirmed that refrigeration equipment needs to be categorised within the ambit of SANS 347


The above are some of the issues dealt with in the Guideline.



Description Mine Health and Safety Act, 2006, Regulations
Government Gazette GG 38493 (GNR 125)
Type Notice
Date published 27 February 2015
Effective date 27 May 2015
OHS Act Sites X
MHS Sites X


New Machinery Regulations have been published under Chapter 8 of the Mine Health and Safety Act Regulations. The new Regulations deal with Trackless Mobile Machinery and do not replace any current Regulations incidentally dealing TMM’s but rather add to it.


Some of the critical issues addressed in the new Regulations include:

1.      Fitment of proximity detection devices to electrical/battery operated TMM’s, including retardation and fail to safe mechanisms

2.      Fitment of proximity detection devices to diesel powered TMM’s

3.      Requirement for various new written procedures, including use of trailers, isolation and lock out and authorization of operators

4.      Incorporation of various SANS codes (dealing with surface diesel refueling and remote controlled TMM’s

5.      New requirement for Supervisors to authorise TMM operators in writing

6.      Formalised requirement for pre use inspections (both for start of shift inspections and inspections prior to setting in motion.


The new Regulations come into power three months after publication. Individual mines will have to review current practices, amend Mandatory Codes of Practice and modify certain categories of TMM’s.


For a more detailed explanation of the new Regulations, visit https://www.legalcs.co.za/mhsanew-tmm-regulations/






Jaco Swartz

Managing Director

Legislative Compliance Specialists (Pty.) Ltd.

011 704 4814

082 898 9463