Gas Regulator Levies Act, 2002
R 385
Mine Health and Safety Act, 1996 (Act No. 29 of 1996)RegulationsMine Health and Safety RegulationsChapter 22 : Schedules |
Competent Person for Primary Blasting, Secondary Blasting and Blasting Assistants
| 22.4 | Competent person for explosives |
| (1) | For purposes of regulation 4.4(1) "competent person" means a person who is a holder of the following certificates recognized by the Department for this purpose, valid for the class of mine to which the mine belongs: |
| (a) | Blasting certificate issued by the Department until 30 June 2009; or |
| (b) | Rock breaker or equivalent certificate issued by the Mining Qualifications Authority from 01 July 2009 to 31 May 2017; or |
| (c) | Blasting certificate issued by the Department with effect from 01 June 2017. |
[Regulation 22.4(1) substituted by Notice No. R. 952, GG 41904, dated 14 September 2018]
| (2) | For the purposes of regulation 4.4(3) "competent person" means a person who: |
| (a) | has been assessed and found competent against a skills programme issued by the Mining Qualifications Authority for this purpose; or |
| (b) | is qualified by: |
| (i) | virtue of his/her knowledge, training, skills and experience to perform the activities contemplated in regulation 4.4(3); |
| (ii) | being familiar with the provisions of regulation 4 which apply to the work to be performed by such person; and |
| (iii) | being trained to recognise any potential or actual danger to health or safety that may arise from the work to be performed by such person. |
[Regulation 22.4(2) substituted by Notice No. R. 952, GG 41904, dated 14 September 2018]
| (3) | Underground hard rock massive mine— |
| (a) | Primary blasting |
A person in possession of a blasting certificate for scheduled mines issued by the Department, or
A person assessed and found competent against a qualification recognised by the MQA for this purpose.
| (b) | Secondary blasting |
A person in possession of a blasting certificate for scheduled mines issued by the Department, or.
A person assessed and found competent against a skills programme recognised by the MQA for this purpose.
(c) Blasting assistant
A person assessed and found competent against a skills programme recognised by the MQA for this purpose.
| (4) | Quarries other than dimension stone quarries |
| (a) | Primary blasting |
A person in possession of a blasting certificate for opencast mines issued by the Department, or
A person assessed and found competent against a qualification recognised by the MQA for this purpose.
| (b) | Secondary blasting |
A person in possession of a blasting certificate for opencast mines issued by the Department, or
A person assessed and found competent against a qualification recognised by the MQA for this purpose.
| (c) | Blasting assistant |
A person assessed and found competent against a skills programme recognised by the MQA for this purpose.
| (5) | Open-pit/strip mine |
| (a) | Primary blasting |
A person in possession of a blasting certificate for opencast mines issued by the Department.
A person assessed and found competent against a qualification recognised by the MQA for this purpose.
| (b) | Secondary blasting |
A person in possession of a blasting certificate for opencast mines issued by the Department, or
A person assessed and found competent against a qualification recognised by the MQA for this purpose.
| (c) | Blasting assistant |
A person assessed and found competent against a skills programme recognised by the MQA for this purpose.
| (6) | Dimension stone quarries |
| (a) | Primary blasting |
A person in possession of a blasting certificate for opencast mines issued by the Department, or
A person assessed and found competent against a qualification recognised by the MQA for this purpose.
| (b) | Secondary blasting |
A person in possession of a blasting certificate for opencast mines issued by the Department, or
A person assessed and found competent against a qualification recognised by the MQA for this purpose.
| (c) | Blasting assistant |
A person assessed and found competent against a skills programme recognised by the MQA for this purpose.
[Regulation 22.4 inserted by Notice No. R. 1279 dated 15 December 2006]
22.8 Machinery and Equipment
| 6(4) | For purposes of regulation 8.6(4) the competent person means a person who is a certificated electrical or mechanical engineer or has an appropriate qualification registered on the National Qualifications Framework and recognised by the Mining Qualifications Authority for this purpose. |
[Regulation 22.8.6(4) inserted by Notice No. 911 of 2006]
| 7(2) | The competent person referred to in regulation 8.7(2) means a person who— |
| (i) | is a certificated electrical or mechanical engineer or has an appropriate qualification registered on the National Qualifications Framework and which is recognized by the MQA for this purpose; |
| (ii) | is familiar with the type of refrigeration and air conditioning plants used at the mine in so far it concerns aspects of safety, construction, erection, operation, inspection and testing of such plants, and |
| (iii) | is familiar with any relevant national or international Standards, Codes of Practice and specifications related to the type of refrigeration, and air conditioning plants used at the mine. |
[Regulation 22.8.7(2) inserted by Notice No. 911 of 2006]
Hazardous Location
| 10(1) | The competent person referred to in regulation 8.10.1 means a person who— |
| (i) | is the holder of a Certificate of Competency for mechanical or electrical engineering issued by the Chief Inspector of Mines and has knowledge and experience in the design, construction and maintenance of equipment in the Hazardous Location and is conversant with the relevant SANS Standards; or |
| (ii) | has been assessed competent against a qualification recognised by the MQA this purpose. |
| 10(2) | The competent person referred to in regulation 8.10.2(f) means a person who— |
(i)
| (a) | is in possession of an Electrician Trade certificate issued by the Department of Labour under the Manpower Training Act or who has been assessed competent against a skills programme or qualification recognised for this purpose by the Mining Qualifications Authority; |
| (b) | has the experience in the design, construction, installation, operation and maintenance of the type of electrical apparatus used in a hazardous location on which he is required to work at the mine; and |
| (c) | is conversant with the relevant SANS Standards referred to in the regulations; or |
| (ii) | has been assessed competent against a qualification recognised by the MQA this purpose. |
| 10(3) | The competent person referred to in regulation 8.10.2(n) means a person who— |
(i)
| (a) | is in possession of Diesel Mechanic Trade certificate issued by the Department of Labour under the Manpower Training Act or who has been assessed competent against a skills programme or qualification recognised for this purpose by the Mining Qualification Authority; |
| (b) | has the experience in the design, construction, installation, operation and maintenance of type of diesel equipment on which he is required to work at a mine; and |
| (c) | is conversant with the relevant SANS Standards referred to in the regulations; or |
| (ii) | been assessed competent against a qualification recognised by the MQA this purpose. |
(13) Vessels under pressure
The competent person1 referred to in regulation 8.13(9), 8.13(11), 8.13(17) means a person—
| (1.1) | who is the holder of a Certificate of Competency for Mechanical or Electrical Engineers (Mines and Works) issued by the Department; or |
| (1.2) | who has been assessed competent against a qualification, skills programme or unit standards recognised by the Mining Qualification Authority for this purpose; or |
| (1.3) | who is the holder of a valid certificate of registration: "Competent Person Pressure Vessels" issued by the South African Qualification and Certification Committee for competent persons (pressure vessels and boilers). |
[Regulation 22.8.13 inserted by Notice No. R. 1068 dated 19 November 2010]
| 22.9(2) | Occupational Hygiene |
| 22.9(2)(a) | Occupational exposure limits for airborne pollutants |
In this Schedule the following terms/abbreviations have the meanings as set out below.
TERMS
"Asbestos" means any of the following minerals: - Crocidolite, Amosite, Chrysotile, Fibrous actinolite, Fibrous anthophyllite, Fibrous tremolite, and any mixture containing any of these minerals.
"Occupational exposure limit" (OEL) means the time weighted average concentration for a 8 hour work day and a 40 hour work week to which nearly all workers may be repeatedly exposed without adverse health effects.
"Occupational exposure limit - Ceiling limit’’ (OEL - C) means an instantaneous value which must never be exceeded during any part of the working exposure.
"Occupational exposure limit - Short term exposure limit" (OELSTEL) means a 15-minute TWA exposure which should not be exceeded at any time during a workday even if the 8-hour TWA is within the OEL-TWA. Exposures above the OEL-TWA up to the STEL should not be longer than 15 minutes and should not occur more than four times per day. There should be at least 60 minutes between successive exposures in this range. An averaging period other than 15 minutes may be recommended when this is warranted by observed biological effects.
For those substances for which no OEL-STEL have been specified, excluding airborne particulates, a figure of three times the occupational exposure limit is to be used when controlling short-term excursions in exposure.
"Respirable particulates" means the respirable fraction of airborne particulates.
"Inhalable particulates" means airborne particulates as collected by a personal gravimetric sampler without particle size selection.
ABBREVIATIONS
|
CAS |
= |
Chemical Abstracts Service is an organisation under the American Chemical Society. CAS Numbers are used to identify specific chemicals or mixtures. |
|
ppm |
= |
parts per million |
|
mg/m3 |
= |
milligrams per cubic metre |
|
Sk |
= |
Skin absorption |
|
Sen |
= |
Capable of causing respiratory sensation |
|
f/ml |
= |
fibres per millilitre |
2006 OCCUPATIONAL EXPOSURE LIMITS FOR AIRBORNE POLLUTANTS
[Table substituted by regulation 2 of Government Notice R989 dated 5 October 2006]
NOTES
| (a) | The concentration of "respirable particulate” shall be determined from the fraction passing a size selector with an efficiency that will allow: |
| (i) | 100% particles of 0 µm aerodynamic diameter |
| (ii) | 50% particles of 4 µm aerodynamic diameter |
| (iii) | 30% particles of 5 µm aerodynamic diameter |
| (iv) | 1% particles of 10 µm aerodynamic diameter |
| (b) | Exposure to a substance with an OEL demarcated with an asterix must be kept as far below the OEL as is reasonably practicable. |
| (c) | The OEL for Aluminium does not include exposure to aluminium coated with mineral oil, or to fume arising from aluminium welding processes. |
| (d) | Simple asphyxiant. See also Note (e) for Flammable gas. |
| (e) | Explosion hazard |
| (f) | Vinyl chloride is also subject to an overriding annual TWA OEL-CL of 3 ppm. |
| (g) | The OEL for welding fume is without prejudice to any occupational exposure limits for individual components in the fume. Some welding processes generate fume that contains components, which have specific OELs, these limits should be applied to control exposure if these substances are present in the fume. |
| (h) | For practical reasons in monitoring OEL -STEL may be used as OEL C for use underground. |
| (i) | A limited number of OELs are based on static air sampling rather than personal sampling. These include the 8 hour OEL for cotton dust and the annual average OEL for vinyl chloride. |
| 22.9(2)(b) | Occupational Exposure Limits for Physical Agents |
| (i) | Noise |
|
(1) |
Noise Exposure |
: |
85 dBLAeq, 8h |
|
(2) |
Peak Sound Level |
: |
135 dB(A) |
| (ii) | Thermal stresses |
|
(1) |
Wet Bulb (°C) |
: |
32.5 |
|
(2) |
Dry Bulb (°C) |
: |
37 |
|
(3) |
Mean Radiant Temperature (°C) |
: |
37 |
|
(4) |
Equivalent Chill Temperature (°C) |
: |
4 |
22.9(2)(c) Potable Water
| (i) | Quality |
|
POTABLE WATER QUALITY |
PHYSICAL REQUIREMENTS |
CHEMICAL REQUIREMENTS |
CONDUCTIVITY REQUIREMENTS |
|
Allowable Limit |
Odour} And} Not to be Taste} objectionable |
pH 5.5 min
9.5 max |
|
|
Recommended Limit |
Turbidity 1 (NTU) Colour 20 mg/l of Platinum |
pH 6.0 min 9.0 max |
70 ms/m |
|
Maximum Allowable Limit |
Turbidity 5 (NTU) Colour not specified |
|
|
|
Maximum Limit |
|
|
300 ms/m |
(NTU) = Expressed in Nephelometric turbidity units
| (ii) | Macro, Micro Determinants and Bacteriological Limits |
|
DETERMINANTS |
Formula |
MAXIMUM ALLOWABLE LIMIT |
|
Macro Determinants Total hardness Magnesium Sodium Chloride Sulphate Nitrate + nitrite Fluoride Zinc |
CaCO3 MG Na Cl SO4 N F Zn |
mg/l 650 100 400 600 600 10 1.5 5.0 |
|
Micro Determinants Arsenic Cadmium Copper Cyanide Iron Lead Manganese Mercury Phenolic Compounds Selenium |
As Cd Cu CN Fe Pb Mn Hg Phenol Se |
µg/l 300 20 1000 300 1000 100 1000 10 10 50 |
|
Bacteriological Limits Total coliform bacteria count Faecal coliform bacteria count Standard plate count |
|
5 per 100ml NIL per 100ml Not specified |
| (iii) | Other Constituents |
The water shall not contain any other constituents in concentrations, which may render it unsuitable for use as drinking water.
[Regulation 22.9(2) inserted by the Schedule of Notice No. R. 904 dated 2 July 2002]
22.10.2 Water Storage and Pumping
22.10.2(2)
| (a) | Competent Person1 |
For purposes of regulation 10.2(2)(a) the competent person1 means a person who is registered as a professional engineer with the Engineering Council of South Africa and is competent in the design of underground dam walls, plugs and barricades.
[Regulation 22.10.2(2)(a) inserted by Notice No. R. 94 dated 1 February 2008]
(b) has been assessed competent against a qualification recognised by the MQA for this purpose.
[Regulation 22.10.2(2)(b) inserted by Notice No. R. 94 dated 1 February 2008]
22.10.3 Water Storage and Pumping
| 22.10.3.1 | The "competent person 1" referred to in 10.3(2)(a) means a person who is registered as a professional engineer with the Engineering Council of South Africa. |
| 22.10.3.2 | The "competent person2” referred to in regulations 8.10.(2)(b) and (c) means a person who— |
| (a) | is the holder of a Certificate of Competency for mechanical or electrical engineering issued by the Chief Inspector of Mines and has knowledge and experience in the design, construction and maintenance of dams and plugs; and |
| (b) | has been assessed competent against a qualification recognised by the MQA for this purpose. |
[Regulation 22.10.3 inserted by Government Notice R. 1068 dated 19 November 2010]
| 22.10.4 | Draw Points, Tipping Points, Rock Passes and Box Fronts |
22.10.4(1)
| (a) | The "competent person1" referred to in regulation 10.4(1)(a) means a person who— |
| (a) | is registered with the Engineering Council of South Africa as a professional engineer or professional technologist; or |
| (b) | has been assessed competent against a qualification recognised by the Mining Qualification Authority for this purpose. |
22.10.4(2)
| (b) | The "competent person2" referred to in regulation 10.4(2)(b) means a person who— |
| (a) | is the holder of a Certificate of Competency for Mechanical or Electrical Engineers (Mines and Works) issued by the Department; or |
| (b) | who has been assessed competent against a qualification recognised. |
[Regulation 22.10.4 inserted by Notice No. R. 1068 dated 1 February 2008]
22.14.1
| 22.14.1(1) | For the purpose of regulations 14.1.1, 14.1.5 and 14.1.7, a competent person means a person who— |
| (a) | is in possession of a valid certificate of competency, recognised for this purpose by the Mining Qualifications Authority; or |
| (b) | has been assessed competent against a unit standard, skills programme or qualification, recognised for this purpose by the Mining Qualifications Authority. |
[Regulation 22.14.1(1) substituted by regulation 1 of Notice No. 34 dated 19 January 2007]
| 22.14.1(7) | [Regulation 22.14.1(7) deleted by regulation 2 of Notice No. 34 dated 19 January 2007] |
| 22.14.1(8) | For purposes of Regulation 14.1(8) competent person means a person who is at least in possession of either the Chamber of Mines Certificate in Rock Mechanics (Metalliferous Mines), or the Chamber of Mines Certificate in Rock Mechanics (Coal Mines), whichever is appropriate for the type of mine concerned. |
[Regulations 22.14.1(1), (7) and (8) inserted by the Schedule of Notice No. R.959 dated 12 July 2002, and shall come into effect on 1 January 2003]
22.15(5)
| (a) | The competent person referred to in regulations 5.1(1) must be in possession of the following— |
| (i) | Where the competent person performs the obligations underground: |
| (1) | Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa. |
| (ii) | Where the competent person performs the obligations on surface: |
| (1) | lntermediate Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa, and be certified as an Occupational Hygienist by the Southern African Institute for Occupational Hygiene; or |
| (2) | Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa. |
[Regulation 22.15(5) inserted by the Schedule of Notice No. R. 904 dated 2 July 2002]
| 22.15(8) |
| (a) | The competent person referred to in regulation 8.2(6) must be in possession of the following: |
| (i) | An Electrical or Mechanical Certificate of Competency for Mines and Works issued by the Chief Inspector of Mines; |
| (ii) | A B degree in Electrical or Mechanical Engineering. |
[Regulation 22.15(8)(a) inserted by Notice No. R 583 dated 14 May 2004]
22.15(9)
| (a) | The competent person referred to in regulations 9.2(3) must be in possession of the following— |
| (i) | Where the competent person performs the obligations underground: |
| (1) | Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa. |
| (ii) | Where the competent person perform the obligations on surface: |
| (1) | Intermediate Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa, and be certified as an Occupational Hygienist by the Southern African Institute for Occupational Hygiene; |
| (2) | Certificate in Mine Environmental Control, issued by the Chamber of Mines of South Africa. |
[Regulation 22.15(9) inserted by Notice No. R.904 dated 2 July 2002]
22.15(11)
| (a) | "Competent person" for purposes of subregulation 11.4(3) means : |
| (i) | A person registered with the Health Professions Council in any of the following three categories : |
| (a) | as an ear, nose and throat specialist, |
| (b) | in speech therapy and audiology, or |
| (c) | as an occupational medical practitioner, or |
| (ii) | A person qualified in audiometric techniques from an institution registered with the relevant Education and Training Quality Assurer (ETQA) registered in terms of the South African Qualifications Authority Act (Act No. 58 of 1995) |
| (b) | "Competent person" for purposes of subregulation 11.4(7) and 11.4(8) means : |
| (i) | A person registered as an audiologist with the Health Professions Council. |
[Regulation 22.15(11) inserted by the Schedule of Notice No. R. 786 dated 14 June 2002]
22.15(16)
| (a) | For purposes of Regulation 16.5(1)(a), competent person means a person who— |
| (i) | has passed a course of training approved for this purpose by the Chief Inspector of Mines; or |
| (ii) | has been assessed and found competent against applicable unit standards, skills programme and/or a qualification recognised for this purpose by the Mining Qualifications Authority (MQA). |
[Regulation 22.15(16)(a) inserted by Notice No. 86 dated 1 February 2008]
TECHNICAL COMPETENCIES
Electrical
22.16.3.1 Design of electrical apparatuses:
The competent person referred to in regulation 3.1(1); means a person who is registered with the Engineering Council of South Africa as a professional engineer and who by virtue of his or her knowledge and experience is competent to design, select and approve electrical systems and instalations [sic].
[Regulation 22.16.3.1 inserted by Notice No. R.330 dated 24 April 2015]
Control of electrical apparatuses
22.16.3.2 The competent person referred to in regulation 3.1(2), 3.3.2 means:
(a) where the only power supply to the mine is a single phase power supply at a domestic voltage, this person is a person who:
| (i) | is in possession of an installation electrician certificate issued by the Department of Labour under the Manpower Training Act or who has been assessed competent against a skills programme or qualification recognised for this purpose by the Mining Qualifications Authority; and |
| (ii) | has at least two years post qualification experience in the construction, installation, operation and maintenance of the type of electrical apparatus and reticulation systems on which he or she is required to work at the mine. |
| (b) | notwithstanding 1.1, where a multi phase power supply of low voltage is supplied to a mine (even if single phase power is used at some parts of the mine) this person is a person who: |
| (i) | is in possession of an installation electrician certificate issued by the Department of Labour under the Manpower Training Act or who has been assessed competent against a skills programme or qualification recognised for this purpose by the Mining Qualifications Authority; and |
| (ii) | has at least two years post qualification experience in the construction, installation, operation and maintenance of the type of electrical apparatus and reticulation systems on which he is required to work at the mine. |
| (c) | notwithstanding 1:1 and 1.2, where power supplies above low voltage is supplied to a mine (even if domestic or low voltage power is used at some parts of the mine), this person is a person who: |
| (i) | is the holder of a Certificate of Competency for Mechanical or Electrical engineer issued by the Department of Mineral Resources and who by virtue of his knowledge and experience is competent in the construction and installation of electrical apparatuses and reticulation systems: or |
| (ii) | has been assessed competent against a qualification recognised for this purpose by the Mining Qualifications Authority. |
[Regulation 22.16.3.2 inserted by Notice No. R.330 dated 24 April 2015]
Installation, repairs and maintenance of electrical apparatuses
22.16.3 The competent person referred to in regulation 3.1.3 means a person who has:
Qualifications under the Skills Development Act, Act No. 97 of 1998 as:
(a) an electrician or millwright; or
| (b) | a competency or competencies recognised by the Mining Qualification Authority for these purposes and has at least two years post qualification experience in the construction, installation, operation and maintenance of the type of electrical apparatus and reticulation systems on which he or she is required to work at the mine. |
[Regulation 22.16.3 inserted by Notice No. R.330 dated 24 April 2015]
22.16.4 Energise, de-energise or isolation of electrical apparatuses
The competent person referred to in regulation 3.3.3 means a person or persons, who collectively hold the following:
Qualifications under the Skills Development Act, Act No. 97 of 1998 as:
| (a) | an electrician or millwright; or |
| (b) | a competency or competencies recognised by the Mining Qualification Authority for these purposes and has at least two years post qualification experience in the construction, installation, operation and maintenance of the type of electrical apparatus and reticulation systems on which he or she is required to work on at the mine. |
| (c) | a competency or competencies recognised by the Mining Qualification Authority for these purposes and has at least two years post qualification experience in the construction, installation, operation and maintenance of the type of electrical apparatus and reticulation systems on which he or she is required to work on at the mine. |
| (d) | has two years experience in doing switching on medium voltage apparatuses. |
[Regulation 22.16.4 inserted by Notice No. R.330 dated 24 April 2015]
