Modern Quarrying October-November 2017

SUPPLIER SPOTLIGHT POT IGHT ON BRICKMAKING TECHNICAL PAPER BEL CONVEYOR SYSTEMS

5. Legislation creates standards The lack of legislation implies that both employers and employees would have very little guidance in terms of their respective responsibilities. Where legal standards do not exist, decision mak- ing on things like training or machinery would be left for the employer to decide upon. This could then be impacted on by the employer’s lack of knowledge or experience, which could lead to incorrect decision making, which in turn could lead to workplace accidents and incidents. In short, legislation creates enforce- able standards that are applicable to the employer, employee and third parties, including suppliers and designers. In essence, these legal standards have two separate but linked characteristics. First, all legal standards are defined. This means that these legal standards are written and published so that all affected parties have knowledge of it, and what is required of them in any given situation. This does not imply that legal standards do not change. It simply implies that where they are amended or changed, a formal process is followed. Second, all legal standards are subject to measurement. This measurement may take place in a variety of ways, but could be as simple as physically verifying whether sufficient fire extinguishers are present, or whether all trackless mobile machinery operators are licensed. Fundamentally, all laws are standards, the compliance with which is measureable in a court of law. 6. International obligations The five points above are to a degree purely South African in nature. There is also an international motivator for government to ensure the drafting and enforcement of minimum standards for health and safety. As discussed under point 5 above, these standards take the form of legislation. South Africa is a signatory of the International Labour Organisations Occupational (ILO) Safety and Health Convention, 1981 (which was rati- fied by South Africa in 2003) and the Occupational Safety and Health in Mines Convention, 1995 (which was ratified in 2000) , among others. The ILO and its more than 140member nations meet once a year where specific

(c) minimise the risk by means that include the design of safe work systems; and (d) in so far as the risk remains, provide for the use of personal protective equipment, having regard to what is reasonable, practicable and feasible, and to good practice and the exercise of due diligence. Section 11, Mine Health and Safety Act (2) Every employer, after consulting the health and safety committee at the mine, must determine all measures, including changing the organisation of work and the design of safe systems of work, necessary to: (a) eliminate any recorded risk; (b) control the risk at source; (c) minimise the risk; and (d) in so far as the risk remains (i) provide for personal protective equip- ment; and (ii) institute a programme to monitor the risk to which employees may be exposed. As can be seen from the excerpts from Article 6 of the Occupational Safety and Health in Mines Convention and Subsection 2 of Section 11 of the Mine Health and Safety Act, international con- ventions have a direct impact on South African health and Safety legislation, and strongly influence the form and function of local legislation. – This paper was first presented at the Beltcon 19 conference held on 2 and 3 August 2017 at St George Conference Centre, Pretoria Part II of this paper, which will be published in Modern Quarrying’s First Quarter 2018 magazine in January will discuss the his- tory of the development of mining health and safety legislation in SA further.

work sessions are held. Eachmember state is allowed to send four representatives, two representing government, one organ- ised labour and one to represent employ- ers. These representatives have voting rights (independent of one another), which are used to adopt, among others, conventions. This tripartite principle, gov- ernment, employers and employees, has also been incorporated into South African health and safety legislation. Where a convention is adopted by the ILO as a result of the tripartite process, and this is ratified by the member coun- try, it must be adopted as the convention becomes binding on the member nation. The conventions typically contain mini- mum requirements that have to be incor- porated into national legislation. The broad adoption of the health and safety conven- tions worldwide has made the principles contained in them universal, and there is a lot of commonality in health and safety legislation worldwide. To illustrate how these conventions impact on South African legislation, refer to the two excerpts from the ILO Occupational Safety and Health in Mines Convention, 1995 below: Article 4 1. The measures for ensuring application of the Convention shall be prescribed by national laws and regulations. 2. Where appropriate, these national laws and regulations shall be supplemented by: (a) technical standards, guidelines or codes of practice; or (b) other means of application consistent with national practice, As identified by the competent authority. Article 4 places a duty on the member nation to enact national legislation and regulations concerning health and safety, and calls for it to be supplemented by technical standards, guidelines and codes of practice. This is exactly the format fol- lowed by the South African legislature. Article 6, Occupational Safety and Health in Mines Convention, 1995 In taking preventive and protective mea- sures under this Part of the Convention the employer shall assess the risk and deal with it in the following order of priority: (a) eliminate the risk; (b) control the risk at source;

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MODERN QUARRYING

October - November 2017