[miningmx.com] — FORMER Chief Inspector of Mines, May Hermanus,
has been touted as an independent arbiter in disputes over the application of Section
54s; a recommendation that forms part of measures aimed at resolving stand-offs
over safety-related work stoppages.
These measures were agreed to on Monday at a meeting of the heads of Migdett, in
response to the findings of a task team report on the possible inconsistent and unfair
issuances of Section 54s. A Section 54 issuance refers to a clause in the amended
Mine Health and Safety Act that allows the mining inspectorate to halt mining
operations. Industry has complained that since the opening of a new office in
Rustenburg, Section 54 issuances have in some cases been for frivolous reasons.
The task-team was commissioned toward the end of 2011.
Labour union Solidarity’s Head of Sustainable Development, Leigh McMaster, said
the appointment of an independent arbiter was one of two key recommendations
accepted at the Migdett meeting. The second key recommendation was a review of
existing enforcement guidelines.
The process of implementing the recommendations would be driven by the Mine
Health and Safety Council (MHSC). As for the appointment of the arbiter, Chief
Inspector of Mines David Msiza said its terms of reference still had to be drawn up,
but it could include the authority to overrule any Section 54 issuance.
“The department will lead the process [establishing terms of reference],’ he said.
According to McMaster, the MHSC would be expected to complete its implementation
of all guidelines within two months. He also said Hermanus was named as a
preferred candidate to act as arbiter. Hermanus currently heads the Centre for
Sustainability in Mining and Industry at the University of the Witwatersrand’s School
of Mining Engineering.
The Chamber of Mines’ senior executive for transformation and stakeholder relation,
Vusi Mabena, said Monday’s meeting was a big step forward to resolving
unhappiness over Section 54s.
“We are happy the parties have agreed to common solutions, but it is a process and
will take time,’ he said. “The council [MHSC] has the full understanding that this is
very, very urgent though.’
Msiza said the department and industry have already started to implement some of
the other recommendations made by the task-team report, including the
implementation of tripartite relationship forums at regional levels, as well as
industry workshops.
However, he said, the adoption of these measures was not an indication that the
inspectorate would back down from its safety enforcement drive.
“The number of mining deaths are still too high,’ he said. “April was an encouraging
month [three fatalities; a record low], but we couldn’t sustain that in May and June.’
He said the number of mine deaths for the year stood at 63, following Gold Fields’
KDC West disaster of last weekend in which five people lost their lives.
“My biggest concern remains non-compliance,’ he said. “The main contributors of
death are very similar to the issues we issue Section 54s for.’
He said mining inspectors would continue to use existing guidelines until the new
policies have been put in place.
