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Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Regulations

Mine Health and Safety Regulations

Chapter 23 : Reporting of Accidents and Dangerous Occurrences

 

23.1 Accidents to be Reported

 

The employer must report to the Principal Inspector of Mines in the manner prescribed in this chapter any accident at the mine that results in:

(a) the death of any employee;
(b) an injury, to any employee, likely to be fatal;
(c) unconsciousness, incapacitation from heatstroke or heat exhaustion, oxygen deficiency, the inhalation of fumes or poisonous gas, or electric shock or electric bum accidents of or by any employee and which is not reportable in terms of paragraph (d);
(d) an injury which either incapacitates the injured employee from performing that employee's normal or a similar occupation for a period totalling 14 days or more, or which causes the injured employee to suffer the loss of a joint, or a part of a joint, or sustain a permanent disability;
(e) an injury, other than injuries referred to in paragraph (d), which incapacitates the injured employee from performing that employee ‘s normal or a similar occupation on the next calendar day.

 

23.2

(1) An accident referred to in paragraph (a), (b) or (c) of regulation 23.1 must be reported immediately by the quickest means available and must be confirmed without delay on Forms SAMRASS 1 and 2 prescribed in Chapter 21.
(2) An accident referred to in paragraph (d) of regulation 23.1 must, after the accident becomes reportable, be reported within three days on Forms SAMRASS 1 and 2 prescribed in Chapter 21.
(3) The Form SAMRASS 9 must be submitted on a monthly basis for all persons not having returned to work at the time of submitting SAMRASS 2 on a monthly basis.
(4) An accident referred to in paragraph (e) of regulation 23.1 must be reported without delay on a monthly basis, on Form SAMRASS 4 prescribed in Chapter 21

 

23.3

(1) Where the death of an employee, referred to in regulation 23.1(a) is related to a rockburst or fall of ground, the duly completed Form SAMRASS 3, prescribed in Chapter 21, for such rockburst or fall of ground must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such death.
(2) When an injury results in the death of the injured employee after the report in terms of regulation 23.1 (b), (c), (d) or (e) has been given or when a slight injury, which was not reportable, results in the death of the injured employee, or when general sepsis or tetanus develops as a result of an injury, the employer must immediately report it to the Principal Inspector of Mines and without delay submit amended Form SAMRASS 1 prescribed in Chapter 21.
(3) Where the injury of a person referred to in regulation 23 (1) or a dangerous occurrence referred to in regulation 23.4 (o), is related to the use of explosives, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 5, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence.
(4) Where the injury of a person referred to in regulation 23 (1) or a dangerous occurrence referred to in regulation 23.4 (f) is related to fires, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 6, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence.
(5) Where the injury of a person referred to in regulation 23 (1) or a dangerous occurrence referred to in regulation 23.4 (b) is related to a subsidence in a coal mine, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 7, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence.
(6) Where the injury of a person referred to in regulation 23 (1) is related to heat stroke or heat exhaustion, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 8, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence.

 

23.4        Dangerous Occurrences to be reported

 

The employer must report to the Principal Inspector of Mines in the manner prescribed in this Chapter any of the following dangerous occurrences at the mine

 

(a)        Rockbursts and falls of ground

 

An extensive rockburst or fall of ground causing the following damage underground—

(i) At least 10 linear metres of working face has been severely damaged and choked and will require re-establishment and re-supporting, or be abandoned;
(ii) At least 25m2 of working area has been severely damaged and choked rendering support units ineffectual and will have to be re-established and re-supported or be abandoned;
(iii) At least 10 linear metres of gully has been restricted with rock clearly recently displaced from the hanging wall and gully sidewalls;
(iv) At least 10 linear metres continuous or 30 linear metres cumulative of access ways of tunnel or travelling way has been severely damaged and will require rehabilitation or be abandoned;
(v) At least 10 m2 of roof or 5m3 of rock has been displaced from the roof of the mining cavity or excavation;
(vi) At least 10m3 of rock has been freshly displaced from pillars or tunnel sidewalls.

 

(b) Caving

 

Any unplanned or uncontrolled caving, side wall or slope failure or subsidence in the ground or workings, causing damage to the surface, which may pose a significant risk to the safety of persons at a mine.

 

(c) Flow of water, broken rock, mud or slimeS

 

Any unplanned or uncontrolled flow of water, broken rock, mud or slimes at the mine which may pose a significant risk to the safety of persons.

[Regulation 23.4(c) amended by regulation 1 of Government Notice No. 783 dated 2 July 2004]

 

(d) Breakdown of main ventilation fan

 

Breakdown of any main ventilation fan.

 

(e)        Power failure

 

Any power failure occurring in the underground workings of a mine, which poses a significant risk to the health, or safety of persons at a mine.

 

(f) Fires and explosions

 

Any ignition or explosion of gas or dust, or any fire related to mining activities or any indication or recrudescence of fire or spontaneous combustion at or in a mine.

 

(g) Flammable gas

 

The presence of flammable gas exceeding one comma four parts per hundred by volume in the general atmosphere at a mine, or any portion of a mine:

(i) if such flammable gas is detected for the first time; or
(ii) the first time such flammable gas is again detected after not having been detected therein for a continuous period of three months.

 

(h) Winding plants
(i) Running out of control of winding-engine, winding drum or conveyance;
(ii) Fracture or failure of any essential part of the winding-engine, fracture or failure of any safety device used in connection with the winding equipment;
(iii) Fracture, failure or serious distortion of winding rope, fracture, failure or serious distortion of any connection between the winding rope and the drum or between the winding rope and the conveyance and any other load suspended from or attached to such rope; fracture, failure or failure or serious distortion of any connection between conveyances or between a conveyance and any suspended or attached load, fracture of guide rope or its connections, fracture of balance or tail rope or its connections;

[Regulation 23.4(h)(iii) amended by Item 2 of the Schedule in Notice No. R. 787 dated 14 June 2002]

(iv) Fracture or failure of winding or balance sheave; fracture or failure of any essential part of the headgear or other sheave support;
(v) Jamming or accidental overturning of conveyance; conveyance or its load fouling shaft equipment; jamming of crosshead;
(vi) Derailing of conveyance;
(vii) Conveyance, bridle, frame or crosshead accidentally leaving guides;
(viii) Fracture or failure of the braking system or of any critical parts thereof;
(ix) Failure to activate when required of any safety catches and/or arresting devices or activation of any safety catches and/or arresting devices when not required;
(x) Failure to activate when required of any overwinding prevention device or activation of such device when not required;
(xi) Any overwind or over-run of the conveyance to an extent which may have endangered persons or may have caused damage to the winding equipment;
(xii) Failure of depth indicator.

 

(i) Lifts and elevators
(i) Fracture or failure of any essential part of the driving or operating machinery, fracture or failure of any safety device used in connection with lifts or elevators.
(ii) Fracture or distortion of the lift or elevator rope, fracture or failure of attachments of such rope.
(iii) Fracture or failure of any sheave or of the shaft or shaft bearing of such sheave.
(iv) Jamming of car or counterpoise.
(v) Fracture or failure of braking system or of any critical parts thereof.
(vi) Failure to activate when required of any safety catches and/or arresting devices or activation of any safety catches and/or arresting devices when not required.

 

(j) Objects falling down shafts

 

Any object falling down the shaft or any other incident which necessitates the inspection of the shaft.

 

(k) Emergency or rescue procedures
(i) Any failure of breathing apparatus whilst deployed.
(ii) The use of emergency escape apparatus, procedures or rescue mechanisms, or the rescue from entrapment, associated with mining or related activities, of any employee.

 

(l) Self propelled mobile machinery

 

Any self-propelled mobile machine running out of control which may pose significant risk to the safety of persons at a mine.

 

(m) Boilers and pressure vessels

 

Fracture or failure of any part of a boiler or safety device of a boiler or pressure vessel which may have endangered persons.

 

(n) Chairlifts
(i) Fracture or failure of any part or safety device of a chairlift installation which may have endangered persons or may have caused damage to such chairlift installation.
(ii) Fracture or failure of any essential part of the driving machinery.
(iii) Fracture failure or serious distortion of any rope or chain forming part of a chairlift installation.

 

(o) Explosives
(i) Any unauthorised or accidental ignition or detonation of explosives.
(ii) Any exposure of persons to blasting fumes which is not reportable in terms of regulation 23.1.
(iii) Any detonation of explosives which may pose a significant risk to the safety of persons.

 

23.5 A dangerous occurrence referred to in regulation 23.4 must be reported immediately by the quickest means available and must be confirmed without delay on Form SAMRASS 1 prescribed in Chapter 21.

 

23.6 Every employer must ensure that a system is in place whereby the employer is informed, as soon as is practicable after its occurrence, of any accident or dangerous occurrence, which is reportable in terms of this Chapter.

 

23.7        

(i) Every employer must keep and maintain a record in which the particulars of all accidents and dangerous occurrences, which are required to be reported in terms of this Chapter, must be recorded without delay.
(ii) The record contemplated in Regulation 23.7(i) in respect of all accidents or dangerous occurrences must be kept and maintained for two years from the time that the accident or dangerous occurrence becomes reportable.

[Regulation 23.7(iii) renumbered to 23.7(ii) by Notice R787 dated 14 June 2002]

 

[Chapter 23 inserted by the Schedule of Notice No. R. 134 dated 9 February 2001]

 

[Heading of Chapter 23 substituted by item 1 of the Schedule in Notice No. R. 787 dated 14 June 2002]