While the main purpose of the COP should be to set out an effective mine specific procedure for employees to exercise their RRDW and RLDWP, it is important for that procedure to be put in context, so that employees and management understand and are in agreement how it fits into the overall risk management process at the mine. It is therefore recommended that the COP should include the aspects set out below.
| 8.1 |
Legislative background |
The COP should first set out the legislative background relating to the RRDW and RLDWP. Annexure 1 sets out the common law and most of the relevant MHSA provisions. Those provisions of Annexure 1 which are relevant to the circumstances at the mine should be included in the COP in a logical sequence and in simple language which the persons at the mine would clearly understand. Annexure 1 is attached for information purposes and should be consulted in the preparation of the COP.
| 8.2 |
Summary of major health and safety hazards |
The COP should set out a table of the major health and safety hazards identified in terms of the mine’s risk assessment which may give rise to employees having to exercise the RRDW or RLDWP. This table should also identify the major dangers associated with each such identified hazard. The table should be reviewed and updated on a regular basis and therefore it may be preferred to attach it as an annexure to the COP. Annexure 2 is an example of how this could be done. This is by no means an exhaustive list, but a list of some commonplace hazards. The hazards in Annexure 2 may not be relevant to the mine and are given for illustrative purposes only. Annexure 2 is attached for information purposes in the preparation of the COP.
| 8.3 |
Procedure for employees to exercise their RRDW and RLDWP |
| 8.3.1 |
The COP should set out an effective mine specific procedure for employees to exercise their RRDW and RLDWP having regard to the minimum requirements of The right to refuse dangerous work and leave dangerous working places what must be included in the procedure as contained in section 23(2)(a) - (e) of the MHSA. |
| 8.3.2 |
The aim of the procedure should be to ensure that the circumstances giving rise to any employee exercising the RRDW or RLDWP are addressed, and any disputes about them, are resolved as expeditiously as possible at the lowest possible level of the organizational structure, but with the matter being capable of being elevated, if it remains unresolved, to appropriate more senior levels until it is resolved at the highest level at the mine or by the employer. |
| 8.3.3 |
In the case of small or smaller mines, the levels of organizational structures will differ and in some instances, there may only be one. In such cases more than one appeal level would be inappropriate. Procedures appropriate to the organizational levels at the mine should be determined, having regard to the aforesaid principal that disputes should be resolved as expeditiously as possible, but be capable of being elevated to the highest level of management. |
| 8.3.4 |
The different steps of the procedure should also contain strict time limits within which those steps should be taken. |
| 8.3.5 |
The persons potentially involved in each step of the procedure should be clearly identified (with names and occupations, where appropriate) and the functions and powers of each person clearly set out. |
| 8.3.6 |
Where appropriate, the procedure could describe how certain steps should be performed (e.g. what employees must do when they exercise the RRDW or RLDWP; how a workplace should be barricaded off; etc.). |
Annexure 3 sets out an example of a procedure for employees to exercise their RRDW and RLDWP. This annexure is for information purposes and should be consulted in drafting the COP.
The COP should identify all the persons who could be involved in any of the steps of the procedure to exercise the RRDW or RLDWP, from the employees, health and safety representatives, supervisors, etc. to the highest level of management, and set out:
| 8.4.1 |
The different training requirements for each of these persons or groups of persons; |
| 8.4.2 |
What the training should cover, which could include the following: |
| 8.4.2.1 |
The major health and safety hazards, their identification and controls thereof; |
| 8.4.2.2 |
The RRDW and RLDWP; |
| 8.4.2.3 |
When the RRDW and RLDWP can be exercised and by whom; |
| 8.4.2.4 |
The procedure for exercising the RRDW and RLDWP; |
| 8.4.2.5 |
The interface between the RRDW and RLDWP and other risk management processes at the mine; |
| 8.4.2.6 |
How employees can raise a complaint in the event of any obstruction to them exercising or wanting to exercise the RRDW or RLDWP; and |
| 8.4.2.7 |
Previous occurrences where employees have exercised the RRDW or RLDWP and lessons learnt. |
| 8.4.3 |
How often the training should be given / refreshed; |
| 8.4.4 |
Who will be doing the training; and |
| 8.4.5 |
Measures to ensure, measure and monitor the effectiveness of the training. |
The COP should set out a communication strategy that highlights management’s support for employees to exercise the RRDW and RLDWP under appropriate circumstances and that reinforces awareness amongst employees of this aspect of risk management. The communication strategy should identify the different target audiences, the appropriate language to be used for each and could cover the following:
| 8.5.1 |
Regular communication bulletins and newsletters; |
| 8.5.2 |
Regular awareness activities, which could include the following: |
| 8.5.2.1 |
Print media: posters and pamphlets; |
| 8.5.2.2 |
Electronic, audio‐visual and new media: DVD clips at the shaft bank, sms messages, email and digital media; |
| 8.5.2.3 |
Promotional media: T‐shirts, caps, helmet stickers and cards; and |
| 8.5.2.4 |
Face to face: tool box talks and drama. |
| 8.5.3 |
Visible felt leadership, involving management: |
| 8.5.3.1 |
Complying with health and safety rules; |
| 8.5.3.2 |
Regular discussions with all levels of employees; |
| 8.5.3.3 |
Support for employees who have exercised the RRDW or RLDWP; and |
| 8.5.3.4 |
Support for health and safety representatives who have requested employees to exercise the RRDW or RLDWP. |
Gas Regulator Levies Act, 2002
