On Friday, 28 March 2025, Notice 6052 was published in Government Gazette No. 52388, in terms of which the Minister of Mineral and Petroleum Resources, under sections 98(1)(zP) of the MHSA, amended Chapter 16 of the Mine Health and Safety Regulations ("the Notice").
In terms of the Notice, Chapter 16 of the Mine Health and Safety Regulations is amended by the substitution of the regulations contained in the Notice ("the Substituted Regulations").
The Substituted Regulations are far-reaching, and there are several changes to requirements and additional obligations. By way of example, we highlight the following:
- Definitions provided for several terms, including "data logging facility", "fresh air base", "gassing", "missing person", "Body-Worn Self-Contained Self-Rescuer ("BWSCSR")' and "Long duration Self- Contained Self- Rescuer ("LDSCSR")";
- Employers must ensure that competent persons report in respect of the adequacy of emergency preparedness and response capabilities (in addition to explosions, fires and flooding) relating to chemical and biological release; gassing; engineering emergencies and mining (seismicity and falls of ground);
- A competent person must report to the employer on the adequacy of emergency medical care and response capabilities;
- BWSCSR's must be issued to all persons going underground at underground mining operations whilst at surface operations; BWSCSR's must be issued to persons for areas where there is a risk that they are exposed to irrespirable atmosphere/s;
- Changes to the number of mine rescue teams per number of persons underground, minimum number of team members, requirements for team member availability at mines, backup mine rescue teams, etc.
- Conclusion of a contract with a mine's rescue service provider "per mining shaft";
- provisions regarding the notification of a mines rescue service provider in respect of any emergency; minimum requirements for a control room; requirements during an emergency; obligations imposed on a mines rescue service provider; and
- The implementation of a "missing person locator system".
Most of the Substituted Regulations have been drafted in a peremptory manner. In terms of the MHSA, an employer's obligations are limited by the term "reasonably practicable". Albeit that the Substituted Regulations do not reference "reasonably practicable", this does not imply strict liability on the part of an employer. The Substituted Regulations must be read in the context of sections 91(1) and 91(1B) of the MHSA insofar as a contravention or failure to comply with a regulation requires negligence as an element of the contravention or failure.
The amendments as per the Substituted Regulations require a detailed analysis by employers to ensure that additional and amended requirements and obligations are identified and steps taken to exercise their rights should any requirements or obligations be unreasonable, impractical and/or impossible.
It is important to note that the Substituted Regulations came into operation, in terms of section 13 of the Interpretation Act, 33 of 1957, on the date when the regulations were first published in the Government Gazette as a law. The Substituted Regulations, therefore, commenced on 28 March 2025.
Click here to view a copy of the Notice amending Regulations relating to Rescue, First Aid and Emergency Preparedness and Response (Notice No. 6052).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
