Question:
I am sending you this query as I have tried to look through the Mining Health & Safety Act regarding my query but cannot seem to find the answer I need.
I am acting on behalf of a company that needs to go to a mining premise for 5 days to do repairs to buildings on the premises.
When we had the meeting with the mine manager, he never mentioned that the team that we send needs to go through an induction and have a medical examination before commencing work there.
We are due to commence the job there and I received an email from them yesterday that according to Section 54 of the Act, the team of contractors coming on site needs to first do an induction and then have a medical before commencing the work. This will hold back our job by a day and I am not happy that this was only brought to our attention at this late stage.
My query is: Does Section 54 of the Act pertain to building contractors that work on the buildings only and for so few days and they do not work with the general staff? Is an induction necessary and is a medical necessary? Or does this only pertain to staff of the mine?
Please advice as soon as possible as this has an effect on our time planning and subsequently on our income.
Answer:
Just to clarify. Section 54 of the Act refer to the “Inspector’s power to deal with dangerous conditions”. Thus the section is not related to the query to MiningSafety.co.za
The relevant sections are:
1. “MHSA Chapter 2 Duties of the employer Section 13. Employer to establish system of medical surveillance
13. Every system of medical surveillance must –
(c) consist of an initial medical examination and other medical examinations at appropriate intervals.”
Also relevant:
2. Chapter 8 Section 102 Definitions –
Definition of an employee: “employee” means any person who is employed or working at a mine
Referring to the above quoted legislation:
Mines are required to ensure that people working on the mine is declared medically fit prior to working.
The MHSA 29 of 1996 applies to every person working on mine premises. Therefore, mine employees or staff includes the subcontractors working on the mine irrelevant of their trade or business. The Department of Mineral Resources considers any person on a mine as an employee of the mine. For this reason, Medicals and Induction will have to be done.
Many Mining Companies does have a 5-7 day working permit system which allows for work to be done on the mine without a medical fitness certificate for the prescribed time period. A short visitor’s induction will normally have to be completed.
It appears as if the client in this case elects to not allow for working permits and prefers the full entry process. This is well within their rights and supported by legislation.
The sub-contractor will have to comply unless another option is agreed upon by the mine.
JACO GEYSER | Regional SHERQ Manager – South Africa
Aveng Moolmans (Pty) Limited
