Guidelines for the South African Small-Scale Mining …

1 1 Mine Health and safety Council Guidelines for the South African Small-Scale Mining to Comply with the Mine Health and safety Act Draft Guidelines LI Zungu Research agency: University of South Africa Project number: MHSC/061/14-15 Date: January 2016 2 Preface (Executive Summary) Small-Scale Mining (SSM) is a significant source of income in many developing countries and constitutes an important economic sector in South Africa. The positive impact of occupational health and safety management on productivity, reduction of hazards and risks at work has been widely recognised by Government, employers and workers.

2 Hence, improvements in workplace health and safety can help realize the full potential of SSM. The United States Agency for International Development (USAID) recognized the important contribution Small-Scale Mining makes to developing economies and outlined a preventive strategy for cleaner production for Small-Scale Mining enterprises that in effect entailed implementing health and safety principles to reduce production costs, improve product quality and mitigate risks to workers and the environment (USAID, 2009). It was in recognition of the economic importance of SSM in South Africa and the role effective health and safety management can play in harnessing improvements in this sector, that the Mine Health and safety Council (MHSC) of South Africa commissioned a study on the development of Guidelines to facilitate compliance with the requirements of the amended Mine Health and safety Act (No 29 of 1996) (MHSA).

3 Work in SSM is hazardous and high risk and exposes workers to a variety of hazards including rock-dust and fumes from explosives, noise, vibration, extreme temperatures and manual handling source. Research shows that artisanal and Small-Scale mines do not implement occupational health and safety (OHS) management requirements and therefore have high levels of health and safety risks and accidents source. The fatality rates in these businesses are up to 90 times that of large-scale mines in industrialized countries (Hinton, 2007 cited in IFC and ICMM: Working together-How large-scale Mining can engage with artisanal and Small-Scale miners).

4 Both formal and informal Mining , accounts for a large proportion of reported exposure to silica and as a result, they have been implicated in the development of silica-associated diseases such as TB, chronic obstructive pulmonary disease (COPD), and lung cancer (Rees et al, 2011). In addition, SSMs operate in precarious conditions: miners often live in Mining camps under unsanitary conditions typified by poor housing, poor sewage systems and unsanitary water sources with a potential to spread diseases, disrupt work and destabilize the communities (USAID, 2009). Furthermore, women are increasingly employed in Mining but lack proper protective clothing and equipment.

5 Consequently, they are exposed to health risks such as silicosis from dust, physical trauma and miscarriages due to work-related stress and injuries, sexual violence and abuse (SIM 13 09 03). These and other related gender-based vulnerabilities indicate a need for specific emphasis on gender-sensitive approaches in the management of health and safety to cater to the specific needs of women in Mining . Education, training, demonstration and surveillance are the key to improving OHS in SSM (ILO, 2001). However, this is hampered by the informal nature of SSM, financial constraints, a generalised lack of technical expertise and limited training within the field.

6 Additionally, lack of awareness and illiteracy represent noteworthy root causes of failure of SSM to implement health and safety and hence the high levels of accidents and diseases (Leilanie, 2012). These disproportionately high rates of non-compliance with health and safety requirements typify the situation in South Africa. Driven by these consistently reported concerns, the Mine Health and safety Council (MHSC) commissioned research to assess levels of compliance with the requirements of the amended Mine Health and safety Act (Act No. 29 of 1996) (MHSA) in small mines as part of its Culture Transformation Framework launched in November 2011.

7 3 The final reports (Ernst & Young, 2013; Siyemba Mining , 2013; Nebavest, 2013; Business Enterprises at University of Pretoria, 2013) found that, a large percentage of SSM operators did not comply with the MHSA and identified the following shortcomings: SSM had inadequate knowledge of the MHSA, lacked knowledge regarding training, legal appointments, occupational health surveillance and sickness/Absence management including keeping of medical records. Most operators had lower levels of education, lacked the tool to manage health and safety (a health and safety management system) and were not effective in communicating workplace health and safety messages often punctuated by wrong perceptions of safety such as injuries occurred because workers wanted compensation or that some MHSA requirements needed to be relaxed to increase Mining activities which will then benefit the national economy.

8 The vast majority lacked the resources to manage health and safety in SSM. One of the outcomes of the previous studies was a recommendation (as one of the strategies to close the gaps identified) to MHSC that Guidelines be developed for the SSM to assist them to effectively manage workplace health and safety and comply with the requirements of the amended MHSA. However, the MHSA does not explicitly establish a health and safety management system as a tool that employers or mine owners can use to implement the requirements of the Act. Nevertheless we can use the ILO Guidelines (ILO-OSH, 2001) and apply the Plan-Do-Check-Act model that is compatible to the Guidelines .

9 Unlike (OHSAS18001:2007), the ILO model is free to access and can be easily adapted to the specific nature and size of the mine. 4 Acknowledgements The researchers sincerely thank the South African Mine Health and safety Council (MHSC) for funding this project and the Members of the Culture Transformation Advisory Committee (CTAC) who provided technical guidance and support throughout the project. Special thanks to colleagues from the Council for Scientific and Industrial Research (CSIR) who were sub-contracted to provide technical expert inputs in the project. Further acknowledgements are due to the contributions of the reviewers and the professional editor for their expertise in the constructive review, editing and proof-reading of the final draft guideline.

10 5 Table of Contents Preface (Executive Summary) .. 2 Acknowledgements .. 4 1 SCOPE OF THE Guidelines .. 10 2 OBJECTIVE OF THE Guidelines .. 10 3 DEFINITION OF Small-Scale Mining .. 10 4 INTRODUCTION .. 11 Self-assessment tool: - An explanatory Overview for Small Scale 11 Instructions on how to use the tool .. 11 Overview of the Occupational Health and safety Management System .. 20 A basic understanding of the main principles of the ILO-OSH 2001 model .. 28 How to develop your occupational health and safety management system using the Plan-Do-Check-Act systematic management model.