Tripartism Exercise 1

3 Groups – employers, workers,

regulator (state).
What would your concerns be in
designing legislation?
Report back.
Discussion.

2
 Tripartism Exercise 2
An old gold mine, 2000
employees,major investments made,
strong BEE component, unprofitable,
escape routes unsatisfactory, could
operate with single entry exit route,
last mine water pumping facility in
area, 2-3 years life. Current cash crisis.
As a stakeholder - employers, workers,
government, OHS regulator – what is
your view.

3
 Outline of Presentation
Background to recent developments.
What drives changes in policy etc.
Developments and Challenges:
Mine Health legislation;
Work based training.
Lessons.
Conclusions.

4
 Background
The present breaks with the past.
The Constitution enshrines values and
goals.
Mining is central to the economy.
Mining practice important: Training, HSE.
Leon Commission:
New approach, new law, new institutions.
Sector Education and Training Authorities:
New approach to vocational training;
5 Aspect of new education policy.
Leon Commission and Safety
Leon Commission of Inquiry into Mine.
Safety and Health (1994).
Commission highlighted:
Failure to engage / consult workers;
Fatalism about accidents and disease;
Falls of ground;
Haulage and underground transport;
Occupational Health;
Coal Mine Explosions and Respirable
Dust.
Mining Regulations Advisory Committee
6 to Draft New Act.
Leon Commission and Training
No common language / low education
levels and HRD and OHS problem.
Communication in Fanagalo unsatisfactory.
Recommended:
Basic education and training in English;
Training schemes to include OHS;
Extend and expand induction training;
Retraining and re-evaluation for current
workforce in workplace;
Comprehensive training/ refresher training for
mine officials;
Focus training on areas of greatest risk
7 initially.
 Mine Health and Safety Act

Tripartism
Risk Assessment..
Enabling.
Promotion, Advice and Enforcement.
Balance performance based standards
with guidance.

8
MHSA Governance Structure
Minister:Minerals and
Energy

Mine Health and Safety Council

Mining Safety in Mining MQA

Regulations Mines Occupational
Advisory Advisory Health
Committee Committee Advisory
(MRAC) (SIMRAC) Committee
(MOHAC)

9
 Mining Qualifications
Authority
Mining Qualifications Authority
(Sector Education and Training Authority)

Education Learnerships Standard Sector Skills

& Training Generating Plan
Quality Body
Assurance

10
 RESPONSIBILITIES
MHSC: Overall policy and regulation,
research agenda, co-
ordination, promotion
of OHS.

MRAC: Regulatory changes, draft

legislation.

SIMRAC: Research priorities,

management.

MOHAC: Health policy and regulation

11 MQA: Education and training standards
 Rule-Making Process
MHSC / MRAC identifies and
assesses need.
MHSI project team develops:
Scoping documents;
Draft regulation, COP or guideline.
Consideration by tripartite group.
MRAC consideration / amendment.
MHSC consideration/recommendation.
Approved by Minister.
Publication.
12
 Drafting Criteria
OHS priority.
Extent of application.Necessity of mandatory
minima.
Site specificity.
Level of guidance needed (by whom).
Competency requirements.
Application of other laws to mines.
Outcomes statements as a goal.

13
 How the Process Is Guided
Training for drafting team members.
Process document.
Aide Memoire for Codes of Practice.
Enforceability of SABS codes document.
Implementation plan.
Tracking document.

14
 Regulatory Challenges
Balance guidance and outcomes statements
(small and large operators).
Artisanal miner and informal sector needs.
Adapt the stakeholder model to meet needs.
Consistency between OHS public health and
environment policy.
Sustainable development and precaution.
Keeping pace with regional / international
developments.
Training Inspectors.
Enforceability of new regulations.
15 Sensitivity to broader issues (employment).
 Training Legislation 1

Mine Health and Safety Act establishes

the Mining Qualification authority in
1996.
MQA established as Sector Education
and Training Authority by the South
African Qualifications Authority (SAQA)
Act of 1995.

16
 Training Legislation 2
The MQA must:
Promote objectives of the National
Qualifications Framework (NQF)
in the mining industry;
Advise the Minister of Minerals
and Energy on matters relating to
education and training standards
and qualifications in the mining
industry.

17
 The MQA and Training
MQA vision (largely shaped by past
inequity):
Development and transformation of
the mining industry;
A safe, healthy, productive and
competitive industry;
Access to quality education and
training for all for full participaction
in work and life;
Redress of past inequities in
18 education and training.
 Trends Affecting the MQA
Fewer centres for mining related
training.
Outsourcing impacts on workplace
training.
More technical challenges.
New social and environmental
challenges.
Global shortage of technical skills.
Global challenge in reproducing skills.

New mechanisms of maintaining and

19 reproducing expertise in development
 Training Priorities
Health and safety skills.
Mechanical engineering skills.
Rock engineering skills.
Electrical engineering skills.
Metallurgical skills.
Underground hard rock skills.
Risk assessment skills.
Team-building, management and
supervisory skills.
Surface mining skills.
Multi-skilling.
Adult basic education.
20
 General Learning Points
Co-ordination between OHS and
training developments.
Consider mining sector needs in full.
Consider effect of exemptions to OHS
law.
Uncertainty and confusion associated
with large scale change.
Manage expectations.
Explore “unintended” consequences:
Legal operations became illegal;
21
Dealing with unauthorized institutions.
Case Study: FOG Regulations
Wide spread and wide ranging exemptions.
Regulations ran ahead of training
initiatives.
Many operations / people affected.
Core of mining activity affected.
Transitional arrangements needed.
Recognition of prior learning process
yielded unexpected outcomes.
Individual assessments a major hurdle.
Limited training infrastructure a problem.
22
 Case Study Occupational
Hygiene
Limited impact on OH for decades.
New responsibilities – Leon and MHSA.
No prescriptive requirements now.
Occupational hygiene expertise needed.
Engineering expertise still needed.
Diverse range problems.
Risk ID, assessment and control.
HIV, TB and susceptibility and OELs?

23
 Case Study: Occupational
Hygiene 2
Evident need to bring about and manage
change.
Shortage of OH skills.
Entrenched practices in mining.
Uncertainties in professional status and
training.
Training and career paths limited /
absent for occupational hygienist and
mine ventilation engineers.
NSF registered standards and
24 qualifications not available.
 Some Observations
Current developments in OHS and
training in South African mining largely
shaped by the legacy of the past.
Changes in global mining also have an
impact.
Coherent and managed approach needed.
Opportunities for international co-
operations.

25
 Thank you for the
opportunity to share our
experiences with you.

26