Ten people were injured at a restaurant in Festival Mall in Kempton Park in an explosion, police and emergency services confirmed to News24. Police spokesperson Colonel Tshisikhawe Ndou said that a bomb disposal unit was still on the scene but Netcare’s Chris Botha said it was rumoured to be a gas explosion. Ndou said the situation was under control and the area was still cordoned off. The blast happened at Mugg & Bean at 08:40 on Thursday. Of the 10 people, three sustained critical burn injuries. According to Botha, the patients where stabilised on the scene. They were then taken to different hospitals. He described the event as “quite nasty”.
Soaring government-enforced safety stoppages at South African platinum mines have lacerated the production performances of mining companies Anglo American Platinum (Amplats) and Lonmin, latest production reports indicate. Both companies say that they are discussing more appropriate safety mechanisms with the Department of Mineral Resources (DMR) and Lonmin warns that its metal sales and unit costs will continue to be adversely impacted should the current trend of production losses from safety stoppages persist. Liberum Capital analyst Dominic O’Kane has a “sell” recommendation on Lonmin shares, saying that the company’s 40% revenue rise masks an “industry-wide problem" of enforced safety stoppages. All South African platinum-group metals (PGMs) miners have flagged exceptionally high 2011 safety stoppages, O'Kane says in a note. Market face-savers for Amplats were production from the company's new Unki platinum start-up in Zimbabwe, which is one year ahead of schedule; better performance at Mogalakwena, Amplats' lowest-cost mine by far; and smelter reliability, which enabled Amplats to meet its promise of selling 2.6-million ounces of platinum in 2011. The JSE-listed Amplats, headed by CEO Neville Nicolau, reported a huge 128% increase in fourth-quarter safety stoppages and Lonmin, headed by CEO Ian Farmer, simultaneously reported the “severe impact” of a 177 000 t production loss, compared with prior year period losses of 21 000 t – an eight-fold increase. The DMR inspectorate imposes the stoppages under Section 54 of the Mines Health & Safety Act, which empowers the suspension and halting of mining operations across a broad operational front, well beyond the area of immediate safety concern. Amplats reported 32 fourth-quarter stoppages, compared with 14 during the fourth quarter of 2010 and 16 during the third quarter of 2011, bringing the total for 2011 to 81 compared with 36 during 2010 – a 125% increase. “The time taken to have stoppages lifted has increased from two days to five days,” O’Kane said, adding that unless platinum prices rally, Lonmin’s $2-billion capital expenditure to 2015 would put pressure on its balance sheet, causing the company’s debt to rise. The increase in Section 54 notices, in Lonmin’s opinion, increases safety risk as a result of operating momentum being interrupted. “We have highlighted to the DMR the need to work together to establish a more appropriate mechanism that enables safety improvement without increasing the risk to safe and sustainable operations,” Lonmin adds. Amplats said that it was continuing to engage proactively with both its workforce and the DMR to implement more effective means of addressing safety risks. Lonmin’s refined platinum production increased 24.3% year-on-year and platinum metal in concentrate 3.5% because of having ore stocks on hand and consistent metallurgical recovery rates. Amplats’ equivalent refined platinum production – which is mined ounces that are expressed as refined ounces – was down 9% year-on-year and down 13% quarter-on-quarter to 583 000 oz owing to the greater number of safety stoppages. Offsetting the impact of the stoppages was a 7% head-grade and 4% recovery improvement at Mogalakwena’s north pit, Unki reaching steady state in the December quarter and refined platinum production being up 10% quarter-on-quarter to 710 000 oz. Even Amplats’ platinum ounces from its pool-and-share arrangement with Aquarius Platinum at Kroondal were 12% lower than in the fourth quarter of 2010, owing primarily to safety stoppages, but also to limited equipment availability and the implementation of more stringent support systems. Lonmin sold 92 863 oz of platinum and 189 590 oz of total platinum-group metals in the quarter at a 3%-down basket price of $1 136/oz for its PGMs, with the rand basket price 14.4% higher than the prior year period. Lonmin has achieved its sole funded exploration ‘earn-in’ milestone of $32-million on the Vale joint venture (JV), giving Lonmin the exclusive right to a 50% interest in any PGM deposit on a JV property on which a development decision is made. Vale and Lonmin will jointly fund an agreed 2012 exploration programme on an equal basis, including the Denison openpit feasibility studies. Lonmin’s sales guidance for its current year to September 30 remains 750 000 oz of platinum.
MHS Act. Section 54. Inspector's power to deal with dangerous conditions.
(1) If an inspector has reason to believe that any occurrence, practice or condition at a mine endangers or may endanger the health or safety of any person at the mine, the inspector may give any instruction necessary to protect the health or safety of persons at the mine, including but not limited to an instruction that -
(a) operations at the mine or a part of the mine be halted;
(b) the performance of any act or practice at the mine or a part of the mine be suspended or halted, and may place conditions on the performance of that act or practice;
(c) the employer must take the steps set out in the instruction, within the specified period, to rectify the occurrence, practice or condition; or
(d) all affected persons, other than those who are required to assist in taking steps referred to in paragraph (c), be moved to safety.
(2) An instruction under subsection (1) must be given to the employer or a person designated by the employer or, in their absence, the most senior employee available at the mine to whom the instruction can be issued.
(3) An inspector may issue an instruction under subsection (1) either orally or in writing. If it is issued orally, the inspector must confirm it in writing and give it to the person concerned at the earliest opportunity.
(4) If an instruction issued under subsection (1) is not issued to the employer, the inspector must give a copy of the instruction to the employer at the earliest opportunity.
(5) Any instruction issued under subsection (1)(a) must either be confirmed, varied or set aside by the Chief Inspector of Mines as soon as practicable.
(6) Any instruction issued under subsection (1)(a) is effective from the time fixed by the inspector and remains in force until set aside by the Chief Inspector of Mines or until the inspector's instructions have been complied with.
Building is safer when knowledge is shared. 23 January 2012.
BuildSafe SA chairman says construction in SA is a fairly dangerous environment in which to work, yet companies involved in the sector do not share what they have learnt after accidents.
CONSTRUCTION in SA was a "fairly dangerous" environment in which to work, yet companies involved in the sector did not share what they had learnt after accidents, Grahame McCaig, inaugural chairman of BuildSafe SA, said at its launch yesterday. Last year 6800 "incidents" were reported to the Federal Employers Mutual Insurance Company, which insures employers against liabilities under the Compensation for Occupational Injuries and Diseases Act. Of these, 42 ended in death and 180 in work-limiting or -halting disabilities. T hey caused the sector to lose 20000 "days" and R300m, said Mr McCaig. Reducing this "comes down to improving effective communication and sharing experiences and lessons". The nonprofit organisation will promote the free exchange of information on safety, both human and environmental, in SA’s construction and building sector. Its founding members are Sasol Technology, Aveng Grinaker-LTA, Murray & Roberts , Flour and Foster Wheeler. The founders have put R2,5m into the entity and it is hoped it will become self-sustaining. Investment in construction and building in SA last year was an estimated R320 bn, R170bn in construction and R150bn in building, said BMI Building Research Strategy Consulting Unit consultant Llewellyn Lewis. The South African Federation of Civil Engineering Contractors said it represented about 70% of the sector and had about 520 members, while Dr Lewis said Master Builders SA had about 4000 members. BuildSafe SA’s registration and legalisation were expected to be finalised by the end of next month, and the entity would keep the name, administrator David Bass said. Its website, through which information would be gathered, was already active. BuildSafe SA would keep statistics on safety, disseminate safety alerts linked to ways accidents could be avoided, and best practice bulletins, Mr Bass said. The organisation was modelled on one launched in Dubai in 2007 by contractors appalled at construction companies’ lack of concern for workers. A big plus for the South African entity was that it had been launched by companies from across the sector, including major construction companies, Mr Bass said. Already the Singapore government and the sector in Qatar had shown interest in the South African model, he said.
2 workers die in factory blast. 20 January 2012.
Durban -Two people died in an explosion at a factory in Durban, KwaZulu-Natal, on Friday, East Coast Radio reported. Firefighters found the building on Brooklyn Road in flames shortly after midnight. "They spent about three hours battling with the blaze that had already spread to the top of the chemical technologies factory," said Justin Bateman of the eThekwini fire department. He told the radio station that it was not known whether the two workers died from the explosion or as a result of inhaling chemicals and smoke. "We knew there were occupants in the factory... and we got into the building upon arrival, but the two had already died at that time," Bateman said. "The cause of the fire is not known and it will be investigated." Water affairs and pollution control officials were assessing the air quality at the scene on Friday morning. The factory's management could not immediately be reached for comment
Construction stakeholders to launch safety initiative. 17 January 2012.
To improve the overall health, safety and welfare within the local construction industry, a group of construction-related companies will launch a nonprofit organisation called BuildSafe South Africa (BSA), later this week. The organisation’s founding members Sasol Technology, Aveng Grinaker-LTA, Murray & Roberts, Fluor and Foster Wheeler said in a statement that BSA, which would be launched on January 19 at Emperor’s Palace, in Gauteng, would advocate the free exchange and sharing of information between organisations working in the South African construction industry. BSA would represent construction-related stakeholder organisations that would publicly express their commitment and dedication to help improve the health, safety and welfare conditions of all workers, the statement read. Further, information-sharing sessions would be held to ensure better awareness on all personnel levels to achieve an ‘incident and injury-free work place’. The founders also stated that the initiative was successfully implemented in the United Arab Emirates and that leading representatives envisaged that South Africa could follow suit in its desired outcomes and key objectives. Fluor health, safety, and environmental director Shane van der Nest said the BSA initiative was “aimed at influencing the construction industry’s attitude and disposition towards health, safety and welfare for workers through improving overall awareness and understanding”. Sasol Technology executive manager people management Dawid Heymans said that the construction industry is lagging behind the mining sector in its overall health and safety performance and that the initiative would seek to close that gap. Murray & Roberts MD Nigel Harvey added that the industry had to adopt an attitude of being open in recording incidents faced. “In managing construction projects going forward, this will create awareness and ensure that accidents are prevented and minimised.” “It is in the industry’s interest to ensure that we continue to invest in the safety, health and environment on our construction sites,” commented Aveng Grinaker-LTA MD Grahame McCaig. David Bass, who was appointed as BSA administrator, urged companies with a vested interest to “actively participate” in this initiative, designed to get information to the majority of the 55 000 construction contractors and associated stakeholders.
Premier's wife's mine shut over cover-up. 29 September 2011.
A mining company owned by Limpopo Premier Cassel Mathale's wife, Mokgadi Kgohloane, was shut down amid accusations that the company kept a fatal injury of a worker a secret, according to a newspaper report on Thursday. Blue Platinum Ventures 16, trading as Batlhanine Brick Yard, at Ga-Rakoma village, outside Tzaneen was closed by the department of mineral resources last month, The Star reported. Kgohloane and Matome Maponya are listed as company's directors, and Maponya is also the CEO. Maponya was arrested and released on a culpable homicide charge on August 4. He was arrested with Philemon Maake, the driver of the tractor that killed Peter Malatjie. Malatjie was run over by a tractor on July 27, and died eight days later on August 4. Maponya told the newspaper that Maake was allowed to drive the tractor despite the fact that he did not have a drivers' licence. "But he has a competency certificate, which allows him to drive on the site, and not on the public road," said Maponya. The company did not report Malatjie's injury and death to the department - even though the Mine Health and Safety Act compels mining companies to report incidents that result in "serious injuries, illness or death" to the principal inspector of mines at the department. "It was more of a lack of knowledge of the (Mine Health and Safety) act," Maponya said. According to The Star, Mathale and his wife refused to comment.
Anglo American denies liability in face of class action. 22 September 2011.
Resources giant Anglo American on Wednesday indicated that it would continue to fight any claims made against it for occupational diseases. Anglo American's SA subsidiary is facing a new class action law suit by at least 450 ex-gold miners who claim that working at the group's mines damaged their health. London law firm Leigh Day & Co, which is representing the ex-workers, said that the legal action could expand to include "potentially thousands of ex-gold miners" and could be worth "hundreds of millions of pounds". The law firm confirmed that it has begun proceedings in the London High Court against the company's SA subsidiary on behalf of the miners who allege they are suffering from silicosis and silico-tuberculosis after exposure to dangerous levels of dust. Anglo American has acknowledged receipt of two notices of claim filed in the high court in London against Anglo American SA on behalf of former mineworkers of various gold companies in which the subsidiary had an interest. "Anglo American SA has denied liability in answer to similar claims filed in SA courts that have been sponsored by the same law firm," the group said in a statement. "Anglo American does not believe that it is any way liable for the silicosis claims brought by former gold workers and is defending the actions." The law firm said the case has been brought in the UK courts since Anglo American's SA subsidiary is controlled and managed from UK headquartered Anglo American PLC. Under European law English courts have jurisdiction over a company, which has its central administration in England. "Leigh Day & Co argue that bringing this case in the UK is in the victims' interests as UK proceedings will be speedier because English courts have well-developed case management procedures, (unlike in South Africa) lawyers' success fees are paid by the defendant rather than from claimants' compensation, and the claimants will be entitled to UK damages," the law firm said. With a precedent set when a group of 7,500 South African asbestos miners successfully sued Cape Plc over damage to their health, Leigh Day & Company is confident of its success. According to the claimants' solicitor and Leigh Day & Co partner Richard Meeran there are "striking similarities between this silicosis public health disaster and the asbestos scandal". "First, the similarity in the nature and causes of these diseases and the measures required to prevent them, namely dust control, secondly industry knowledge of the hazard having existed for more than 100 years and thirdly, what we allege is the disregard of the industry, in its drive for profit, for miners' health," noted Meeran. Leigh Day & Co represented the miners in the asbestos case. Subtly shifting blame, the resources giant has suggested that the mining companies that employed the workers should be held directly accountable. "Anglo American maintains that these gold companies which employed the mineworkers were responsible for the health and safety of their employees and took reasonable steps to protect them," it said. The claims are from workers employed at Anglo's gold mines up to 1998. At the time Anglo's interest in gold mining would have been held through AngloGold, which later became AngloGold Ashanti (ANG) after a merger with the African gold producer. Anglo has since sold down its stake and now has no interest in gold mining. AngloGold Ashanti, which has made no provision for potential silicosis claims, said in May that the extent of the potential liability was too early to call. CEO Mark Cutifani said at the company's March quarter results presentation that while SA's Constitutional Court had given silicosis sufferers the right to lodge civil claims for compensation, the merits of such a case still needed to be tested. "There is still a long way to go," said Cutifani at the time. The company is doing its homework, he said.
Blast at Sasol plant in Secunda. 24 August 2011.
Secunda - At least one person was injured when an explosion caused a fire at Sasol's synfuel plant in Secunda on Wednesday morning. The cause of the blast has yet to be confirmed, the company said. The building had to be evacuated after the blast. One person sustained a fractured knee, while other employees are still being assessed for injuries. According to a statement, issued by Sasol, the blast happened at 10:00 at the gasification plant on the west side of their Secunda plant. "Emergency services were immediately dispatched and the situation is under control." Sasol added the blast had had no effect on the surrounding community. An investigation into the cause of the explosion is set to follow.
Concrete slab kills 2 in Stellenbosch. 24 August 2011.
Cape Town - Two men were killed, and another critically injured, when a concrete slab on a construction site collapsed on them in Idas Valley, Stellenbosch, early on Wednesday, Western Cape Emergency Medical Services (EMS) said. "It is not clear whether the men were sleeping, or just keeping warm, under the structure when the main foundation collapsed," said spokesperson Kerry David. EMS received the call for assistance at 02:00 and dispatched paramedics and the structural collapse unit, a specialised vehicle used to lift heavy materials. Two of the men were pronounced dead on the scene, and the third suffered head injuries and a fractured leg. David said the team worked for almost five hours to free the bodies trapped under the slab.
Chemical sector injuries worrying: Labour Dept .
Labour Department's Deputy Director for Health and Hygiene, Elize Lourens, said that the department's inspection and enforcement branch had identified the chemical sector as one of the six high risk sectors. The other high risk sectors identified included iron and steel, transport, agriculture and forestry, building and construction as well as the food, drinks and tobacco industries. Lourens said that the "rise in occupational incidents has become a worrying trend" in a statement released on Thursday. "Every year many workers are injured, become ill or are killed because of exposure to harmful chemical substances. These incidents cause human suffering, loss of production and high medical costs. Assistance and guidance should be provided to employers and workers to promote a safe and healthy work environment and to prevent injuries and diseases," Lourens said. According to Lourens, during the period April 2010 to March 2011, more than 40,000 claims for injuries and diseases were made to the department's Compensation Fund in the Chemical Sector alone; and of these more than 32,000 claims were paid more than 105 million rand. 872,720 claims were lodged against the fund in the same period. Lourens said injuries from chemicals are often very serious resulting in workers not being able to return to the work force once their injuries have healed - leaving them partially or totally disabled if they live. In an effort to highlight measures which could be taken to reduce safety breaches, a Chemical Safety Seminar will be held by the Labour Department involving employers, unions as well as officials from the department.
Labour Department to toughen laws for explosives. 7 July 2011.
The Department of Labour plans to conclude the process leading to the repeal of the old explosives legislation before the end of the financial year. Siyanda Nxawe, deputy director-general in the department, is concerned about the number of occupational incidents, particularly of an explosive nature, that affect the safety of workers. Nxawe was addressing the third annual Explosives Manager Safety Forum, held at the Midrand Conference Centre outside Johannesburg on Tuesday under the theme: "Long walk to safety". The annual gathering was being used as part of a process to generate inputs from delegates in order to promulgate a new explosives act and accompanying regulations. She said the economic cost to the country was devastating and the number and value of claims at the compensation fund - a departmental entity responsible for claims arising from injuries in the workplace - has shown a drastic increase. Figures released by the compensation fund showed that the amount of claims paid to employers and service providers in 2009-10 has surpassed the previous year's claims of R2.1 billion. The Department of Labour said the avoidable incidents continued to place a significant burden on the country's healthcare system. Nxawe told the conference that it was not the intention of the department to prosecute where there was flouting of legislation, "but when the need arises we will have to take the painful route and do so". She has also lamented the shortage of human resources within the department's inspector and enforcement directorate, saying it had about 1,072 inspectors nationally specialising in various fields and that the recruitment of at least 500 new inspectors was needed to beef up capacity. The review of the 1993 Explosives Act is with the department's Safety & Occupation Advice Council. The council is expected to call for public comment over the next few weeks and this will be followed by the minister's stamp of approval before it is presented to Parliament.
Justice looms for workplace accident victims. 20 April 2011.
The ever-present hazards that bedevil the workplace will come under sharp focus when Labour Minister, Nelisiwe Oliphant, hands over a number of damning reports to the National Prosecutions Authority (NPA) at a summit of labour inspectors in East London following years of painstaking and meticulous investigations. This will, according to the department, allow for prosecutions should the companies be found to be in the wrong. Mzobanzi Jikazana, Ministerial spokesperson, said reports to be handed over emanate from incidents involving Coega, Assmang Manganese explosion, collapse of a building in Stellenbosch as well as Paarl Print factory that was gutted by fire in which 13 workers died. The incidents have seen dozens of workers dying and many suffering crippling injuries. The Minister is also expected to highlight the importance of occupational health and safety and her departmental resolve to ensure that employers abide by all the labour laws. The three-day event, which starts on April 28, will also be addressed by stakeholders from Cosatu, Fedusa and Nactu, with employers being represented by Business Unity South Africa. Also expected to attend will be a representative of the International Labour Organisation. The conference will also look at a national analysis of the incidents, compliance levels as well as trends. Thobile Lamati, chief inspector at the department, will speak about the role of inspectors in the economic development of the country while Siyanda Nxawe, the deputy director-general responsible for inspection and services, will focus on the state of inspection and enforcement services.
SA miners to submit safety reports. 26 April 2011.
South Africa's department of mineral resources (DMR) will require boards of mining companies to submit reports on health and safety, its director-general told parliament on Thursday. The move comes against a backdrop of a rise in deaths in South African mines, which are the deepest and among the most dangerous in the world. The DMR says mineworker deaths have risen over 25 percent in the first quarter of this year to 38, compared with the same period last year. The country's national union of mineworkers (NUM) says 50 miners have died on the job from January through the first two weeks of April. "Boards of directors will be required to submit quarterly reports on health and safety that include statistics," Sandile Nogxina, the director-general of the department of mineral resources, said in a presentation of the department's strategic plan for 2011/12. Mining companies will also have to "indicate measures that should be taken to prevent occupational diseases and fatalities as well as serious injuries at our mines", he added. He did not give a timeframe for when the reports would have to begin. In some of the recent incidents, a worker was killed in a locomotive accident at Harmony Gold's Masimong mine, and two were killed at Gold Fields' KDC mine this month. NUM, which represents about 340,000 workers in the mining, construction and electrical energy industries, has said it will decide on April 28 when to shut the sector down for a day to protest a rise in mining deaths. Nogxina said, "If mines cannot mine safely, they should not mine at all until effective measures are implemented to safeguard the health and safety of employees." South Africa's Mine Health and Safety Act is also being reviewed, he said. The mine workforce has high rates of tuberculosis and HIV/AIDS as well as lung diseases attributed to life underground. Nogxina also said total employment in the mining sector of Africa's largest economy reached 498,055 in 2010, a rise of 1.2 percent, after it fell 5.1 percent in 2009.
Rainbow worker’s death to be probed. 26 April 2011.
Labour Minister Nelisiwe Oliphant on Thursday called for a full investigation into the death of a worker killed at a chicken farm in Hammarsdale near Durban. In a statement released late on Thursday, she said she was calling for an "immediate probe and full-scale occupational health and safety investigation" into the death that occurred at a Rainbow Chicken processing plant on Wednesday. The Congress of SA Trade Unions, who identified the worker as Eric Nhlangulela, also called for an investigation into the death of a worker who was killed at a chicken farm. According to the department, preliminary investigations had revealed that Nhlangulela was adjusting crates of live chickens on a moving conveyor belt when the accident occurred. It is alleged that as he attempted to remove chickens that had fallen out of the crates, his neck was crushed by a hydraulic scissor lifting machine, known as a Hymolift. Oliphant vowed that a thorough investigation would be undertaken. Cosatu's KwaZulu-Natal secretary general Zet Luzipo said Cosatu was disappointed that the department had allowed work to continue at the farm before investigations were completed. He said that it had appeared that Nhlangulela had been forced to extract some chickens that had become stuck in a sorting machine when the accident happened. Netcare 911 spokesman Chris Botha confirmed the accident, saying that paramedics had unsuccessfully tried to resuscitate Nhlangulela, who was declared dead at the scene. He said Nhlangulela had suffered severe injuries to the neck. Luzipo said: "We are quite saddened and shocked by this tragic loss of life, due to carelessness and absolute disregard of safety in the workplace. "We have been, strangely so, kept in the dark about this incident even by the Department of Labour. We demand a thorough investigation on this matter." Rainbow chicken spokesman Stephen Heath could not be reached for comment, but the Isolezwe newspaper reported that he confirmed the accident.
Rising SA mine deaths need urgent attention. 12 April 2011.
Deaths at South African mines increased by 27 percent in the first three months of the year, compared with the same period last year. Department of Mineral Resources spokeswoman Zingaphi Jakuja said yesterday that there were 38 fatalities reported from January 1 to March 31 compared with 30 for the first quarter last year. “The Department of Mineral Resources has raised its concerns with mining companies that have had fatalities and has subsequently written letters to their boards and is engaging with chief executives. “Where necessary, notices of stoppage will be issued until safety concerns are addressed. Mine health and safety is not solely a government responsibility but that of all stakeholders in the sector,” she said. Although the figures for the first quarter show an increase in fatalities, last year’s data showed a declining trend. According to provisional figures released by the Department of Mineral Resources in January, South Africa’s mine fatalities declined by 24 percent last year, from 168 deaths in 2009 to 128 in 2010. Despite the steady decline from 309 deaths in 1999, last year it was reported that South Africa’s mine safety record was still 50 percent worse than those of Australia, the US and Canada. Australia reported four fatalities in 2007/08, while the US had 23 deaths. Canada had eight mining fatalities in 2008. In the first quarter, fatalities in North West doubled to 14 and deaths in the Free State rose to nine from five, according to trade union Solidarity. In Mpumalanga fatalities dropped to three from five. The latest data suggest that efforts to address safety issues in the country’s mines have not gained sufficient traction. A major contributor had been the poor safety and health record by subcontractors and contractors working on mines, Solidarity researcher Leigh McMaster said yesterday. As a result of concerns over this year’s record, the trade unions and the Department of Mineral Resources would organise a summit on health and safety. Unions saw the number of incidents pick up in the first quarter, McMaster said. “The reason for the deaths might be complacency. We had a good run last year, and I think people are relaxing… not practising health and safety as they should. “We are going to sit with more fatalities this year than last year. We are now going to seriously look at having a health and safety summit to have a serious discussion on improving safety.” A traditional concern in the industry had been that contractors were not on the same level regarding safety as full-time employees. McMaster added that falls of ground and negligence were also problems. Solidarity said there had been fatalities at Anglo Platinum, AngloGold Ashanti, Harmony, Lonmin and Gold Fields since the beginning of the year. AngloGold spokesman Alan Fine said the firm was working tirelessly to eliminate fatalities and it had shown improvements in the past few years. The Chamber of Mines said it was very concerned about the increase in the number of fatalities this year. Spokesman Jabu Maphalala said the chamber planned to have a chief executive roundtable on health and safety later this year. “The roundtable will focus on ways to accelerate the implementation of the Tripartite Action Plan. We are also in consultation with the government and unions about steps that can be taken to reduce the number of fatalities.” National Union of Mineworkers spokesman Lesiba Seshoka said yesterday that these latest fatality figures flew in the face of the claims made by the department that mine deaths had been reduced. In January, the department announced that it would review the Mine Health and Safety Act, not only to strengthen enforcement provisions, but to simplify the administrative system for the issuing of fines and to reinforce penalties. The review aimed to remove ambiguities in certain definitions and expressions and to effect certain amendments to ensure consistency with other laws.
Hustler fined for not using condoms. 11 April 2011.
California workplace safety officials have fined Larry Flynt's Hustler Video and another porn producer for not using condoms on set to protect sex performers from exposure to disease.
Hustler faces $14,175 in fines for three violations, including failure to provide condoms or other protective equipment, according to a Division of Occupational Safety and Health citation provided to The Associated Press on Wednesday. Hustler "failed to ensure the use of appropriate personal protective equipment, such as condoms" to protect its employees from semen, vaginal excretions and blood in the course of producing adult videos, according to the citation. The current fines are based on the same section of state law that also requires hospitals to provide nurses with protective gear to spare them exposure to blood-borne and fluid-borne illnesses. Flynt has said in the past that audiences don't want to watch porn in which actors use condoms. Hustler was also fined for failing to maintain a written injury and illness policies and for failing to provide workers with vaccines for hepatitis C. Hustler's citation stems from a Sept. 14 inspection of a jobs site in response to a complaint from the AIDS Healthcare Foundation, a Los Angeles-based nonprofit that advocates for safe sex in pornography. Forsaken Pictures faces $12,150 in fines for similar violations. The fines were issued March 9. Cal/OSHA Senior Safety Engineer Deborah Gold said the state continually investigates the porn industry, though job sites can be difficult to find, and has cited a handful of producers for violations in recent years. "Clearly if an employee is having unprotected sexual contact with another person then there needs to be either engineering control, like simulation, or people need to use a condom or other barrier," Gold said. A telephone message seeking comment left by The Associated Press wasn't immediately returned by a Hustler representative. Contact information for Forsaken couldn't be located. Late last year, a porn actor tested positive for HIV at a California clinic, causing panic among actors. Some San Fernando Valley pornographers in the multibillion-dollar adult entertainment industry shuttered productions as a precaution.
Govt wants probe into chicken farm death. 11 April 2011.
Durban - Labour Minister Nelisiwe Oliphant on Thursday called for a full investigation into the death of a worker killed at a chicken farm in Hammarsdale near Durban. In a statement released late on Thursday, she said she was calling for an "immediate probe and full-scale occupational health and safety investigation" into the death that occurred at a Rainbow Chicken processing plant on Wednesday. The Congress of SA Trade Unions, who identified the worker as Eric Nhlangulela, also called for an investigation into the death of a worker who was killed at a chicken farm. According to the department, preliminary investigations had revealed that Nhlangulela was adjusting crates of live chickens on a moving conveyor belt when the accident occurred. It is alleged that as he attempted to remove chickens that had fallen out of the crates, his neck was crushed by a hydraulic scissor lifting machine, known as a Hymolift. Oliphant vowed that a thorough investigation would be undertaken. Cosatu's KwaZulu-Natal secretary general Zet Luzipo said Cosatu was disappointed that the department had allowed work to continue at the farm before investigations were completed. He said that it had appeared that Nhlangulela had been forced to extract some chickens that had become stuck in a sorting machine when the accident happened. Netcare 911 spokesperson Chris Botha confirmed the accident, saying that paramedics had unsuccessfully tried to resuscitate Nhlangulela, who was declared dead at the scene. He said Nhlangulela had suffered severe injuries to the neck. Luzipo said: "We are quite saddened and shocked by this tragic loss of life, due to carelessness and absolute disregard of safety in the workplace. "We have been, strangely so, kept in the dark about this incident even by the department of labour. We demand a thorough investigation on this matter." Rainbow chicken spokesperson Stephen Heath could not be reached for comment, but the Isolezwe newspaper reported that he confirmed the accident.
3 ontken skuld ná vrou se swaai-dood. 12 Maart 2011.
Die eienaar en twee werknemers van ’n kabelswaai-onderneming het vandeesweek skuld op onder meer aanklag van moord ontken ná die dood van ’n vrou in die skilderagtige Panoramakloof by Graskop in Mpumalanga. Mev. Jo-Ann Samuels (25), wat ’n ruk voor haar dood opgehou werk het as onderwyseres, is op 3 Oktober 2009 op slag dood toe sy en haar man, kapt. Hendrik Samuels (29), ’n tandemsprong by die Big Swing gedoen en ’n rots op die bodem van die kloof van sowat 70 m diep getref het. Kapt. Samuels, wat aan 7 Suid-Afrikaanse Infanteriebataljon in Phalaborwa verbonde is, het ernstige beserings opgedoen. Mnr. Michael Head, eienaar van Vuka Marketing (Edms.) Bpk., en twee werknemers, mnre. Doctor Mnisi en Al Martens, wat die noodlottige dag aan diens was, het Woensdag in die Graskop-streekhof skuld ontken op aanklagte van moord en die oortreding van die Wet op Beroepsveiligheid. In ’n pleitverduideliking het hulle erken mev. Samuels is tydens die sprong dood, maar aangevoer hulle het nie die opset gehad om haar dood te veroorsaak nie. Kapt. Samuels, wat tans in die Demokratiese Republiek van die Kongo (DRK) diens doen, het na Suid-Afrika teruggevlieg om in die verhoor te getuig. Volgens hom het hy en sy vrou die oggend by die Big Swing aangekom, maar dit was te mistig om te spring. Hulle het later die dag teruggekeer. Hy het getuig hulle het gespring, een keer deur die kloof geswaai en toe met die terugswaai die rots getref. Nadat kapt. Samuels getuig het, is die verhoor tot Mei uitgestel. Die staat sal dan tegniese getuienis, asook na verwagting twee video’s wat onder meer ’n opname insluit van die dood-sprong, aanbied.
(Witnesses tell of horror jump A seriously injured army captain desperately called out, "Liefie! Liefie! Liefie!" to his wife, giving her mouth-to-mouth resuscitation, after a cable swing jump near Graskop, Mpumalanga, went horribly wrong. Captain Hendrik Samuels, 28, and his wife Jo-Ann, 25, were tied together in a harness for a tandem jump, and hung about 60m deep in the Panorama Kloof after having a serious fall and crashing into a rock. Samuels's efforts to save his wife's life were in vain. He is with the 7 South African Infantry Battalion (7SAI) in Phalaborwa. "What were shrieks of excitement initially, turned into a bloodcurdling cry of horror when they realised they were falling," a shocked woman, who did not want to reveal her name, told Beeld shortly after the incident. Jo-Ann, who was a teacher at the Wesvalia High School in Klerksdorp until recently, seemed to have died upon impact. The accident happened as many tourists were watching, including Frans Effrink from Modimolle (Nylstroom). Effrink was standing at the opposite side of the gorge. Unaware of the tragic accident which was about to take place, he was filming the Samuels' jump. "They swung across the gorge. Seconds after they started swinging back, I heard a loud noise." "I looked up and saw the winch on the thick cable which was stretched across the gorge starting to shift. The swing rope was automatically extended. The next moment, the couple hit the rocks at the bottom of the valley. There was a deathly silence for several minutes while the two were hanging barely a metre above the valley floor." Effrink saw Captain Samuels starting to move. "It's such a helpless feeling when you hear how someone is desperately screaming for help. None of us could do anything." Effrink could see Samuels perform mouth-to-mouth resuscitation on his wife. Luke Martin, head of the provincial ambulance service in Nelspruit, was a member of the Red Cross's Air Mercy Services (AMS) team who participated in the rescue effort. According to Martin, Jo-Ann sustained multiple injuries, and was already dead by the time they reached her. "It was a very difficult rescue effort because of the steep cliffs." The rescue effort took about five hours. Since the helicopter was unable to descend into the gorge, the rescue team had to drag the stretcher up the steep cliff. The rescue team included Danie Theron from the police's rescue unit in White River. Captain Samuels was picked up with the AMS helicopter and rushed to the Nelspruit Medi-Clinic. "He's in a stable condition, but extremely emotional at this stage," said hospital spokesperson Robyn Baard on Sunday. According to Constable Kethimoze Nkosi of the Graskop police, they suspect that one of the winches or a gear feeding the rope had broken. He said a charge of culpable homicide was being investigated. The owner of the Big Swing company that operated the cable swings, Mike van der Merwe, on Sunday denied at the equipment was defective. "There was no fault in our system. We tested it. We're still waiting for the outcome of the investigation," he added.)
Miners confident of Anglo claim. 11 March 2011.
Human rights lawyers representing about 18 sick former mine workers at President Steyn mine in Welkom, Free State, said they were confident and optimistic that their more than R1bn claims against the mining giant Anglo American would succeed when presented in court next year. “We have done our homework, obtained necessary information and we believe the case is very strong. We are confident and optimistic that we will win the case,” said Richard Meeran, a prominent international human rights lawyer at Leigh Day & Co, a legal firm based in London. Leigh Day & Co had previously represented Cape PLC and Thor Chemicals victims in their successful UK compensation claims. Meeran said the main objective of the lawsuit was to secure compensation for the victims. The lawsuit stemmed from Anglo American’s failure to inform the miners about the possible danger of contracting silicosis from exposure to silica and that it did not provide them with the requisite safety equipment. But the mining giant has since denied the allegations and vowed to defend the action when it is brought before the court. “The claimants were employed by South African gold mining companies in which Anglo American had an interest of less than 25%. Anglo American maintains that these companies were responsible for the health and safety of their employees and took reasonable steps to protect them,” argues Anglo American. Meeran told The New Age on Wednesday it was time for the mining industry to be held legally accountable for putting miners at risk of contracting deadly work-related illnesses. He accused the industry of being slow in implementing proper scientific investigations on preventing silicosis. He said it was not acceptable to argue that the industry was not liable for these claims brought forward by sick ex-mine workers. “We don’t know at this stage how many people are affected, but estimations are that they are more than hundreds of thousands of them. It is time the industry establishes a compensation system and should ensure ex-miners are medically monitored,” he said. Silicosis is a respiratory disease caused by breathing in silica dust. People at risk are those working in abrasives manufacturing, mining, quarrying, road and building construction, sand blasting and stone cutting. An intense exposure to silica can cause disease within a year but it usually takes at least 10 to 15 years of exposure before symptoms occur. Sayi Nindi, an attorney at the Legal Resources Centre(LRC), said the 18 plaintiffs were former miners who were employed on President Steyn Mine in the Free State from the 1970s to 1998 and they came from the Free State, Eastern Cape and Lesotho. The Chamber of Mines said it was working with the Department of Health and the National Union of Mine workers on a project to improve access of former mine workers to the benefits provided by the Occupational Diseases in Mines Works Act, and to health care when they are found to be suffering from occupational lung diseases to improve the operation of the statutory compensation fund. “Regarding the current employees, the members of the Chamber of Mines are in the process of rolling out an industry-wide initiative aimed at improving the management of dust underground, so as to eliminate future incidences of occupational lung disease,” said chamber spokesperson Jabu Maphalala. He said the industry was working to improve technology to reduce noise levels, so the risk of noise–induced hearing loss were minimised. They were also looking at ways to reduce injury to miners from rock falls as well as transport and machinery.
Court ruling opens gate to health claims. 3 March 2011.
THE Constitutional Court on Thursday opened the door to a litany of legal claims, or possible class action, against the mining industry which could amount to hundreds of millions, after it ruled workers were allowed to sue for health damages under common law. This came after the court delivered judgment on whether the Compensation for Occupational Injuries and Diseases Act (Coida; section 35(1)) prohibits the common law right of mineworkers to recover damages against mining firms, even though mineworkers were covered by the Occupational Diseases in Mines and Works Act (Odimwa) and therefore not entitled to claim under Coida. In the case of underground mineworker Thembekile Mankayi against AngloGold Ashanti, Mankayi claimed he contracted tuberculosis and chronic obstructive airways while in the employ of AngloGold between 1979 and 1995, which rendered him unable to work as a mineworker or in any other occupation. As a result, he claimed damages totalling R2.6m, comprising loss of earnings of R738,147, medical expenses of R1,374,600 and general damages of R500,000. “The basis of his claim is that AngloGold owed him a legal duty arising under both common law and statute to provide a safe and healthy environment in which to work,” read the judgment delivered by Justice J Khampepe. “In breach of this duty, AngloGold failed to apply appropriate and effective control measures.” After Mankayi was certified in 2004 as suffering from a compensatable disease in terms of Odimwa, he received an amount of R16,320 from the Compensation Commissioner. When Mankayi sued for damages in the High Court under common law, AngloGold argued that he was prohibited from suing an employer for common law damages in terms Coida. The High Court held AngloGold’s argument, which was confirmed by the Supreme Court of Appeal. “The thrust of Mr Mankayi’s case is that in terms of…Odimwa he is entitled to and did receive compensation…but is not precluded from suing the mine at common law,” read the judgment. Khampepe said although there were provisions in Odimwa and Coida which interlocked, the statutes remained distinct. “The golden thread that runs throughout Odimwa and its antecedent legislation is that they address and limit the impact and spread of infectious diseases contracted in mines,” said Khampepe. “It is not anomalous or surprising that mineworkers are treated separately. Nor is the conclusion that the legislation deals distinctly with their claims to compensation. “Our…history of mining, with the massive contribution of this sector to the country’s wealth and the corresponding massive toll on mineworkers’ health, justifies the distinct treatment. This history also explains why (section 35(1) of Coida) does not apply to mineworkers with compensatable diseases under Odimwa.” The court decided that the Supreme Court of Appeal’s order be set aside and replaced with an order dismissing AngloGold’s interpretation of section 35(1) of Coida. AngloGold was also ordered to pay all costs. Mankanyi’s legal representative Richard Spoor confirmed in court that Mankanyi died on Friday as a result of his medical condition. “There are tens of thousands of sick workers out there,” said Spoor. “This is a huge victory for them.” Commenting on the ruling, AngloGold said its was still studying the details of the judgment. "Our initial impression is that should the executor of Mr Mankayi’s estate wish to pursue his claim, he or she will now need to return to the High Court to continue with the litigation action," read a company statement. "AngloGold Ashanti will defend the case on its merits. "Should other individuals lodge similar claims, these too would ultimately be defended by the company and judged on their merits."
Judgment expected in mine health claim. 2 March 2011.
The Constitutional Court was expected to deliver judgment on Thursday in the case of a mine worker, Thembekile Mankayi, who wants to claim more than R2.6 million from Anglo Gold Ashanti in health damages. Mankayi wants to claim damages in terms of the common law from the mining company where he worked as a miner from 1979 to 1995. During his work underground he was exposed to harmful dusts and gases which, according to him, caused serious lung and air tract diseases. Mankayi's work was classified as risk work and he was awarded compensation - R16,320 - in terms of a mining law, the Occupational Diseases in Mines and Works Act 78 of 1973. When he sued for damages in the High Court under common law, the mining company took the point that he was prohibited from suing an employer for common law damages arising from disease resulting in the employee's death or disablement in terms of the Compensation for Occupation Injuries and Diseases Act 130 of 1993. The High Court held that the compensation law prevented Mankayi from claiming damages, which was confirmed by the Supreme Court of Appeal. However, Mankayi turned to the Constitutional Court where he submitted that the mining law and the compensation law were not part of one compensation system as found by the Supreme Court of Appeal. He argued that his view on the matter better promotes the spirit, purport and objects of the Bill of Rights as required by section 39 of the Constitution. Mankayi contended he did not receive compensation in terms of the compensation law but in terms of the mining law and that he should therefore be able to sue in terms of the Compensation for Occupation Injuries and Diseases Act 130 of 1993 as well. The mining company submitted amongst others that "employee" in the compensation law was broad and includes one who had a claim under the mining law.
Three killed in mine explosion.2 March 2011.
Mahikeng - Three workers were killed and six others injured in an explosion at the Bulk Mining Explosives (BME) cartridge plant at Losberg in the North West, on Tuesday, the company said. "It is with deepest sadness that the management of BME confirms that three employees were killed this afternoon in an explosion at BME's Losberg cartridge production plant in the North West province," the company said in a statement. "The company has immediately notified the relevant authorities and a full investigation has been launched to determine the cause of the incident." The cartridge plant supplies megamite for the underground market and is one of the plants at the Losberg facility. The remaining plants have not been affected.
More safety inspectors coming: Oliphant. 2 March 2011.
Pretoria - Labour Minister Nelisiwe Oliphant on Tuesday reiterated her promise to increase the number of inspectors to ensure non-contravention of safety regulations by employers. "This year, inspection and enforcement will go ahead full steam," said Oliphant at the official opening of the Mbombela labour centre, which was closed down last year for failure to comply with health and safety regulations. "You will soon realise that we want to raid farms in places like these unannounced to check the level of compliance with all the labour laws. "We will therefore require inspectors to lead this drive. We will work with the departments of agriculture, home affairs and others to ensure that errant employers have nowhere to hide," she was quoted as saying by her department. She said last year's closure showed that the department would stop at nothing to abide by the law. The event was attended by speakers from the local municipality, labour unions and the Commission for Conciliation, Mediation and Arbitration (CCMA).
Three hurt in factory explosion. 25 February 2011.
Three men were injured in an electrical explosion at a factory in Harrismith, in the Free State, paramedics said on Thursday. They were working on an electrical transformer at the time, said Netcare911 spokesperson Jeffrey Wicks. He said two of them were critically injured, with burns to their bodies and heads. The third man was seriously injured, with burns to his arms and legs. Wicks said factory staff moved the injured men to a shower before paramedics arrived. This was "good thinking", as immersing burns in water was a good thing, unless they were chemical burns. The men were stabilised at the scene and taken to a nearby hospital. Wicks said that the company would hold an internal investigation into the cause of the explosion.
Man falls into concrete mixer, dies. 24 February 2011.
Cape Town - A Western Cape man died when he fell into an industrial concrete mixer on Wednesday morning, paramedics said. Two men were cleaning the machine at a concrete lintel factory near Vissershoek when the machine suddenly switched on, causing them to fall into it, ER24 spokesperson Andre Visser said. The men called for help, but by the time they were pulled from the machine they had already sustained serious injuries, he said. One man died on the scene and the other was airlifted to hospital with "severe injuries to his lower extremities", Visser said. Authorities were to investigate the industrial accident further.
Second body recovered from trench. 25 February 2011.
After seven hours of searching, the second of two bodies was retrieved from a six-metre-deep trench which collapsed on top of two men in Modderfontein on Thursday, Johannesburg emergency services said. “The recovery operation has been successful. We have recovered the bodies of the two men,” spokesperson Percy Morokane said. The families of the two men are on the scene. It is a very sad moment for them,” he said. Three men - a quantity surveyor, a pipe layer and an assistant safety officer - were inside the trench digging when the walls caved in on Thursday afternoon. “The pipe layer managed to run for safety but the other two couldn't escape. They have been trapped since 2pm,” Morokane said. The men had been digging for sewage pipes at Thornhill Estate since Monday. The first body was recovered earlier on Thursday night.
Teen plunges to his death. 22 February 2011.
What was meant to be a fun-filled weekend for a group of Pretoria high school pupils turned to tragedy when a 13-year-old boy fell to his death from a 16m high foefie slide tower. Deoshan Pillay died while waiting for his close friend, Himal Rama, to be harnessed on to the slide on Saturday morning. The two were part of a group of 14 children from the Pretoria Hindu School who were taking part in the school’s annual Grade 8 leadership course at Arendsnes Resort between Brits and Rustenburg. Exact details of the tragedy are sketchy. What is known is that while a facilitator from the school sports and adventure resort harnessed Himal to the slide, Deoshan, who was near the top of the platform, slipped off a steel rung and fell to his death. It was the third time that the school had held its leadership course at Arendsnes. “Nobody knows for sure what happened. While the facilitator was harnessing Himal on to the slide he heard a loud thud,” school principal Anil Singh said. “When he looked over the edge, he saw teachers and children running to a spot on the ground where Deoshan was lying. “They tried to administer first aid and called an ambulance, but by the time Deoshan arrived at the Brits Medical Centre, it was too late. He was already dead.” Singh said the leadership course was a way of introducing Grade 8 pupils to high school. “The children left for the camp on Friday and were spending two days at Arendsnes over the weekend. “It appears the accident happened sometime in the early morning, while they were taking part in one of the activities,” he said. Only those children who had wanted to participate in the foefie slide activity had done so. Singh said it was the first time the school had lost a child. “We have held numerous excursions and leadership camps, all without so much as a scratch. “This is a great, great tragedy that has affected all of us very badly,” he said. Deoshan’s cousin, Tash Govender, said the family was devastated. “It is like a nightmare that we just can’t wake up from. We keep on trying to, but we know that we can’t. “Deoshan had such a bright future ahead of him. “He had a heart of gold and was always looking out for others. He left a mark on everyone he met,” she said. Speaking shortly after the family returned from the resort, Govender said there were no words to describe the anguish the family was feeling. “We have left the resort with so many questions. We are getting so many stories from the people who were there, but we are not 100 percent sure what happened. “It definitely was an accident, but we believe that there was negligence as there could have been additional safety measures in place,” she said. “We will definitely be asking whether the necessary health and safety standards were met and whether the school ever checked the resort’s safety records and documents,” she added. The middle sibling of three children, Deoshan was cremated at the weekend. Arendsnes co-owner Normie Eckard referred all questions to the Brits police station. He said they were under strict instructions not to say anything about the case before the investigation had been completed. “What I can say is that in the 10 years that we have been open this is the first time such a tragic event has happened here,” Eckard said. At the time of going to press police could not be reached for comment.
Probe into Free State worker deaths. 3 February 2011
Investigations into the deaths of a construction worker and a farm labourer in the Free State will start this week, the provincial labour department said on Wednesday. Provincial labour spokesperson Wisane Mavasa said the formal investigations into the death of a worker at the construction site of the new Mantsopa Hospital in Ladybrand would start on Thursday. Labour inspectors would be investigating the circumstances surrounding the death of Joseph Tshabalala, 35, a construction worker who was killed on site while working inside a 3m trench. He was taking measurements of the soil levels when excavated sand fell on him. The probe was to check if the employer followed the regulations in terms of the Occupational Health and Safety Act at the time of the incident. A report with recommendations would be forwarded to the department's chief inspector for consideration and recommendations to the national director of public prosecutions. Mavasa said inspectors were also inquiring why a Hoopstad farmer did not report the death of one his workers, Shadrack Malaku, 28, to the department of labour, immediately after the incident as required by law. A preliminary report indicates that Malaku died while trying to clear out a jammed conveyor in a silo. He was subsequently conveyed into a pit, where he was covered by the raw product from the silo resulting in his death.
Bosses face jail for mine deaths. 17 January 2011.
The government is turning up the heat on mining chief executives through changes to the Mine Health and Safety Act, which is to stipulate jail sentences for chief executives who are found guilty of contravening safety regulations. Werksmans Attorneys mining health and safety law expert Wessel Badenhorst told Mining Mx last week that the industry should soon expect an increase in safety-related prosecutions as the Department of Mineral Resources gears up to give teeth to the act. The law makes provision for the prosecution and jailing of chief executives. According to Badenhorst, it has also become standard practice for chief executives to be called in by the department in cases of serious safety incidents. Department spokesman Zingaphi Jakuja said on Friday that the act would be reviewed to not only strengthen enforcement provisions, but to simplify the administrative system for the issuing of fines and to reinforce penalties. The review aimed to remove ambiguities in certain definitions and expressions; and to effect certain amendments to ensure consistency with other laws. “Once parliamentary processes have been completed and the bill ascends to an act, the department will then implement the changes in line with the presidential proclamation and provisions of the implementation of the act.” Jakuja said there had been several prosecutions as a result of contraventions of the act but could not provide details at the time of going to print. Last year the department budgeted R145 million for prosecutions and hired a legal expert to pursue cases of possible safety breaches. The Chamber of Mines’ safety and sustainable development adviser, Sietse van der Woude, said the major risks remained falling ground and accidents related to the use of transport and machinery. He said the industry’s priorities for this year included the strengthening of an incident investigating system to pinpoint blame and weaknesses. Earlier this month, the department announced that mining fatalities dropped by 24 percent last year – to 128 from 168. The Chamber of Mines said that 40 000 safety representatives would be trained in the next four years as part of an initiative to curb fatalities. Jakuja said the mining industry must reduce the fatalities by at least 20 percent a year to achieve international performance standards by 2013. Badenhorst said because mining was a specialist and highly technical field, efforts by the department, including the recent appointment of a specialist senior advocate, would go a long way in improving the state’s ability to present the technical evidence needed in mining prosecution matters. “There has not in the past been a specialist criminal prosecution team within the offices of the National Prosecuting Authority.” Badenhorst said the act was amended in 2008 to increase the maximum fine that could be imposed on a mining company to R1m per incident. “There are many examples of miners, mine overseers, shift overseers, and mine managers being charged criminally for violations of the Mine Health and Safety Act, but successful prosecutions are dependent on the facts of each case.” Badenhorst said some mining chief executives remained unconvinced of the business imperatives of safer mining and that South Africa’s aging mines posed a growing corporate governance dilemma for mining companies. On the department’s appointment of senior legal counsel, Badenhorst said it would allow the department to ask the right questions and arrive at the correct conclusions.
State gears up for mining prosecutions. By André Janse van Vuuren. 12 January 2011.
THE heat is on mining CEOs to make greater strides in safety as the threat of jail sentences loom over executives found guilty of contravening safety regulations. Mining health and safety law expert at Werksmans Attorneys Wessel Badenhorst said on Tuesday that the industry should soon expect an increase in safety-related prosecutions as the department of mineral resources (DMR) gears up to give teeth to the Mining Health & Safety Act. The law makes provision for the prosecution and jailing of CEOs. According to Badenhorst, it has also become standard practice for CEOs to be called in by the DMR to make presentations in cases of serious safety incidents. Last year the department budgeted R145m for prosecutions and hired a legal expert to pursue cases of possible safety breaches. On Tuesday the Chamber of Mines said that the work-related deaths of 128 miners in 2010 was the biggest annual improvement since 2003 when it undertook to bring mine deaths down to levels comparable to benchmark countries such as Australia, the US and Canada by 2013. That year 270 miners died at work. In 2009, 168 miners died so the 2010 figure represents a 24% improvement. The benchmark countries measure fatality rates, which are either fatalities per 1,000 people working or fatalities per million hours worked. The DMR is expected to release the industry's labour numbers for 2010 later this year, which is necessary to calculate fatality rates. “We are sad about the 128 mine workers who lost their lives in 2010,” said Chamber of Mines CEO Bheki Sibiya. “Still, this was achieved despite the challenges of deeper mines and South Africa’s slow progress towards a safety culture," he said. The gold industry, which has the oldest and deepest mines in South Africa, accounted for 63 deaths (also 63 in 2009), followed by platinum’s 32 (41 in 2009) and coal’s 13 (18 in 2009). “Other mining”, including chrome and manganese, accounted for 20 deaths (28 in 2009). The Chamber's safety and sustainable development adviser Sietse van der Woude said the major risks remained falling ground, accidents related to the use of transport and machinery, noise and dust. He said the industry’s priorities for 2011 included the strengthening of an incident investigating system to pinpoint blame and weaknesses. National Union of Mineworkers spokesperson Lesiba Seshoka said the body viewed the figures – which are provisional - with scepticism as they do not include all incidents which occurred towards the end of the year. “We see no reason to celebrate (a reduction in mining deaths) if the figures for December haven’t been added.” Seshoka said. He said that while firms have stepped up their efforts to train workers better, the investment in improved infrastructure leaves much to be desired. Badenhorst said some mining CEOs remain unconvinced about the business imperatives of safer mining and that SA's aging mines pose a growing corporate governance dilemma for the boards and CEOs of mining companies. “Every mine death implies a work outage and has negative consequences for shareholders,” he said. Given that ground falls account for about 40% of mining casualties, Badenhorst said CEOs should pay special attention to their responsibility in terms of the design of the mine because they could also be held accountable for design decisions prior to their term. On the appointment of senior legal council by the DMR, Badenhorst said it would give the department the ability to ask the right questions and arrive at the correct conclusions.
Better safety reduces mine deaths to lowest in eight years. 12 January 2011.
DEATHS on South African mines have reduced by more than half over eight years because of a concerted effort by the sector to reduce fatalities and bring them in line with its peers in Australia, Canada and the US. In 2003, the mining sector agreed to bring fatalities down by 20% a year in order to reach levels comparable to those of companies in those three countries. It was always going to be tough , given that SA has the deepest mines in the world. The number of fatalities in 2003 stood at 270. Last year, according to provisional figures released by the Department of Mineral Resources, 128 people were killed, representing a 53% decline. Year on year, the death toll is down 24% from 168 in 2009, when 69% of those fatalities were at major mining companies. "This was our best safety year since 2003," said Bheki Sibiya, the new CEO of the Chamber of Mines, which represents 80% of all mining companies in SA. The 24% reduction is the biggest year-on-year decrease since the 2003 agreement. Not only have mines stepped up their drive for safer operations, but there has been increased action by the department, which temporarily closes shafts where there have been fatal accidents. Chamber members have spent R150m in the past 10 years to better understand seismicity — underground tremors which are one of the reasons for ground falls , the leading killer on mines. "It is this kind of research that has led to the very dramatic improvement we’ve seen in that space," said Sietse van der Woude, safety and sustainable development adviser at the chamber. One of the plans for this year is to train 40000 health and safety representatives and union shop stewards by the end of 2013 in the drive to make mines safer.
Commissioner denies wrongdoing. 12 Juanuary 2011.
Compensation Fund Commissioner Shakes Mkhonto has denied claims of nepotism and wrongdoing amid allegations that he had appointed senior managers without conducting interviews. “We have a recruitment and selection policy within the department and the fund is bound by that. All appointments were duly processed and are open to scrutiny,” he was quoted as saying in a statement issued by the labour department. Mkhonto also denied claims the fund had put pressure on injury on duty medical claims processing company Compsol to process its claims ahead of other medical claims, as well as allegations that trade unions presented him with proof that Compsol tampered with accounts. We have no evidence that such things happened,” he was quoted as saying. “We have independent internal audit and risk units and they both report to the audit committee, I cannot interfere with the duty of the risk manager and his unit as I would be flouting proper corporate governance procedures.” Mkhonto said the units had made “tremendous gains in rooting out corruption and fraud within the fund”. He added that 12 medical practitioners and compensation staff members would be appearing before the special commercial crimes court on fraud related charges in March. “We will pursue the deregistration of these practitioners with the Health Professions Council of South Africa,” he added. The Compensation Fund became embroiled in controversy last year when a presentation to Parliament’s portfolio committee on labour revealed a R1-billion decrease in compensation paid out to injured workers in the 2009/10 financial year.
Interesting. The Mining Audit commissioned by former President Mbeki in 2007 revealed that, since 2004, only 3 out of 218 cases referred to the NPA for decision i.t.o. the MHS Act had been finalised.
S African mine safety rallies, high-tech training envisaged for 40 000 safety reps. 12 January 2011.
South Africa last year delivered its best mine safety improvement in seven years, according to the Chamber of Mines. The 24% reduction in fatalities in 2010 to 128 is the best since 2003, the Chamber told a media conference. Forty fewer died last year than the 168 of 2009, it reported. “We’re very sad about the 128 mineworkers who lost their lives in 2010, and we’re confident that the number is going to be lower in 2011,” new Chamber CEO Bheki Sibiya predicted, after observing a moment’s silence for the deceased and reiterating the Chamber’s vision of every mineworker returning home unharmed every day. “The noble goal of zero harm is what we need to pursue,” Sibiya added. In 2003, the Chamber, government and labour gave itself ten years to make South Africa as safe as the rest of the mining world by 2013, though improving at a rate of 20% a year over ten years, which this year’s 24% exceeds. The international mine-safety benchmark countries include Australia, Canada and the US, with measurement based on fatalities per million hours worked. The Chamber’s plan for 2011 is to continue to work closely with the unions and government in order to accelerate the implementation of their tripartite action plan, developed by the Mine Health and Safety Council, which advises Mineral Resources Minister Susan Shabangu on health and safety matters. The action plan currently forms part of the Revised Mining Charter, with which all mining companies are legally obliged to comply, irrespective of whether or not they are Chamber members. The plan is prioritising a culture transformation framework, which includes the training of 40 000 health and safety representatives and union shop stewards by 2013. These officials are being given an in-depth understanding of workplace risk management and being exposed to innovative training courses, into which the infusion of high-tech simulation and computer-aided training techniques is anticipated within an envisaged centre of safety excellence. Pockets of excellence in individual mines are being analysed for migration across the entire industry.
Chamber’s occupational disease suit angers NUM. 23 November 2010.
SA’s biggest union, the National Union of Mineworkers (NUM), has expressed outrage at a court application that has been lodged by the Chamber of Mines, which the union says is an attempt to have mining companies avoid liability for occupational diseases. Respiratory diseases, such as silicosis, are common among miners, with symptoms often developing after they retire from mine work. While mine companies "always pay compensation fees" when mineworkers suffered fatal accidents or injuries while working, the same rules do not apply to respiratory illnesses, NUM’s national secretary for health and safety, Eric Gcilitshana, said yesterday. The chamber’s application said the Department of Labour’s compensation commissioner could not force mine owners to make up the deficit in the compensation fund used to pay mineworkers who contract respiratory diseases as a result of their work, Mr Gcilitshana said. The North Gauteng High Court in Pretoria will hear the chamber’s application today. In October 2006, a R2,7m summons was lodged against AngloGold Ashanti on behalf of a worker who had worked at the company’s Vaal Reef mine in the 1990s. Lawyers said their client, Thembekile Mankayi , had contracted silicosis by breathing in silica quartz dust. In June 2008, the Johannesburg High Court ruled that AngloGold Ashanti did not need to compensate Mr Mankayi. Mining companies already pay levies related to worker safety into a compensation fund. The Chamber of Mines said yesterday that the compensation commissioner wanted to increase the levies paid by operational mines and works to fund a shortfall in the fund which was estimated to be R610m in 2003.
DMR to meet platinum CEOs every quarter to review safety . 28 October 2010. Mining Weekly.
South Africa's Department of Mineral Resources (DMR) will meet with the CEOs of the country's platinum mining companies on a quarterly basis to review their safety performance, Minister Susan Shabangu said on Thursday. Shabangu called a safety-intervention meeting with the CEOs on Thursday, after six fatalities occurred on the country's platinum mines last week. Speaking to Mining Weekly Online after the meeting in Pretoria, Shabangu said that the escalation in mine deaths had urged for a focus on the current state of safety in the platinum sector. She said that the coal sector experienced comparable challenges three years ago, which had greatly improved after similar interventions by the department. "Platinum mining is quite different from mining for gold or coal or other minerals, which is why very specific training and skills are required in this industry. "The different parties have prioritised to focus and improve on specific training and skills development on the mines." She said the platinum industry would retrain workers that came from other mining sectors and more attention would be given to technical safety issues, such as fall-of-ground. World number-one platinum producer Anglo Platinum CEO Neville Nicolau said that the industry was committed to the cause and had been conducting ongoing research and development into improving safety measures and standards in the mines over the past few years. "A lot of work has been done regarding safety, starting from considerations when designing a mine, considering appropriate and adequate micro-level support, and training people within the platinum arena. This is an ongoing process, with the ultimate goal of zero fatalities," commented Nicolau. The Minister agreed that the platinum-mining industry had been taking steps to improve its safety record, showing a 20% drop in fatalities year-on-year. So far, 67 people died in mine accidents this year, which is a 25% decline in the number of fatalities in the same period last year. However, Shabangu noted that this was not a numbers game and that every life taken on the mines was a serious concern. "If the department and industry were satisfied with the safety situation on the mines, we would not have been having a meeting to improve on current structures."
Men saved from gas death in manhole. 25 October 2010.
Pretoria - Two workers were rescued from a gas-contaminated sewage drain they were attempting to unblock in the Pretoria CBD on Monday, paramedics said. It is believed that a man went to help his co-worker who was suffocating beneath the sewage drain at the intersection of Potgieter and Skinner streets around 09:30, Netcare911 spokesperson Chris Botha said. However, both were overcome by the gas and collapsed. Paramedics and fire-fighters called to the scene used breathing apparatus and ropes to enter the drain and rescue the pair, said Botha. They were removed to the road side, where one of them was resuscitated and placed on a ventilator. Tshwane fire station spokesperson Johan Pieterse said the men were not wearing full protective gear as required by law when they entered the manhole. He said one of the men was taken to Eugene Marais hospital in a serious condition while the other was critical.
When will local authorities realise that manholes are confined spaces? Click here for more.
Labour dept probes worker's death. 15 October 2010.
Durban - The labour department has launched a full scale probe into the death of a construction worker at the Arbour Crossing Shopping Centre in Amanzimtoti, south of Durban, a spokesperson said on Thursday. “Inspectors have been instructed to undertake a thorough investigation in this matter as it is not acceptable that incidents of this nature continue to plague workplaces,” department spokesperson Page Boikanyo said. It was alleged that the man was killed when the walls of a trench he was working in collapsed and buried him on Wednesday afternoon. Two other men working in the trench - being built to install a stormwater drain - were seriously injured. Operations at the construction site had been shut down after labour inspectors issued a prohibition notice. The department said the notice would only be revoked once the employer had put all necessary safety measures in place. The labour department alleged the employer did not provide protective wear to employees nor keep safety records as prescribed by the Occupational Health and Safety Act. The incident happened during a week-long blitz by the department during which it had inspected 11 sites south of Durban, and issued 16 contravention notices and two prohibition notices. Some of the violations uncovered by inspectors included a lack of proper storage of material and equipment, no competent person appointed to erect and dismantle scaffolding, no protective wear and fire extinguishers that were not serviced.
Minister of Labour promises tough action against employers. 7 October 2010.
Minister of Labour Membathisi Mdlanlana addressed a joint policy conference of the Department of Labour and the International Labour Organisation, held on 28 September 2010 in Pretoria and made some more tough statements about the attitude displayed by certain employers towards compliance with labour legislation in general. After the conference when he addressed the media at a meeting, he announced the that the legislation was being amended to empower labour inspectors more and increase the sanctions against employers who ignored the legislation and broke the law. This was obviously said to justify the right of entry by labour inspectors to premises and the ability to issue "on-the-spot" fines to alleged rogue employers. South Africa, historically, applies a two tier system in respect of the administration of Occupational Health and Safety in work places. The legislation for mines is administered separately to that contained in the Occupational Health and Safety Act of 1993. In addition, the Department of Labour administers a host of statutes such as the Unemployment Act, the Compensation of Occupational Injuries and Diseases Act etc some which also apply to mining. The Department of Labour soon after 1996 and against the serious expression of reservations of the then Business South Africa (BSA) decided to rationalise its inspectorate by adopting a multi-disciplinary approach which meant that Department of Labour inspectors became responsible for the administration of all labour statutes under the ambit of the Department. Linked to the rapid transformation programme applied in the public sector it appears that not all the inspectors employed by the Department had sufficient experience and skills to deal with the host of new labour statutes such as the Employment Equity Act etc. The Minister is blaming this shortcoming on the poor salaries paid to inspectors, who it is claimed are some of the worst paid in the public. The Department acknowledged that it employed 800 inspectors for the nine provinces and needed an additional 1200 inspectors if it was going to establish a high visibility in the workplace. The Department`s chief inspector Thibilo Lamati said it wanted to make it easier for inspectors to issue fines and penalties to employers.”Currently the fines and penalties related to Occupational Health and Safety are so low that employers don`t feel a pinch. We have not finalised the exact increase of the sanctions but we want to structure them so that they are a deterrent. "The new penalties will also include imprisonment or a jail term for employers" said Lamati. "Currently labour inspectors have to go to the labour court to issue notices, compliance orders, and (to) impose a fine. That is a laborious process but what we want is for inspectors to be able to issue fines and penalties on the spot and it would be be up to employers to go to the labour court to to question those penalties" said Lamati. Lamati claimed the introduction of the Public Employment Services Act would go a long way towards establishing a "professional" inspectorate who had better employment conditions and undergone para-legal training. According to a statement made by the Minister during August, the National Treasury is amenable to providing the Department with the required funds necessary to enforce existing labour legislation by beefing up the critical position of labour inspectors.
DMR retains silk to hit safety villains. M & G. 19 September 2010. By David McKay .
THE South African government is, as we know, a tad ham-fisted when it comes to implementing legislation or policies. Take the events of July when it informed Aquarius Platinum mining widths would have to reduced following fatal underground accident at its Marikana mine, a development that sliced 25% off shares in Aquarius in a day. As it turned out, the order was softened to a recommendation, no mandatory steps were required of Aquarius, and its share price recovered its losses. False alarm. Well, not quite. There was disquiet in the South African mining industry knowing that it was unwise to assume mine inspector, Thabo Gazi’s recommendation to reduce mining widths at Aquarius was simply a misunderstanding. As the industry knows well from the leaked mining charter of 2002, the South African government often takes apparently unreasonable positions on policies and industry rules in an attempt to soften up the industry for the lesser position it wants to take. Having said that, government’s view on safety was no secret. There was the Zuma-backed mining safety audit which found that roughly two-thirds of the industry fell below acceptable safety standards. Then there was the temporary closure of shafts where a fatal accident had occurred to allow for a government investigation. Finally, there’s the Health & Safety Amendment Act which has raised the prospect of criminal prosecution for management, including chief executives. There’s been much to-ing and fro-ing on whether CEOs are really liable, and when. Fact is: they are and can be criminally prosecuted, says Wessel Badenhorst, a lawyer for Werksmans Attorneys. This has now been supported by the lesser known fact the minerals resources department has dedicated some R145m towards prosecutions, and has hired a silk – Advocate Schutte – to do its legal work. Mines minister Susan Shabangu said in her 2010/2011 budget in February that money would be set aside to give teeth to safety legislation. What’s interesting about the appointment of an advocate is that it gives the DMR the ability to ask “the right questions and arrive at the right answers”, says Badenhorst. Investigations by government following a fatality are now geared to establishing whether miner-related carelessness was the problem, or whether the mine has been constructed safely in the first place. Section 2 of the Health and Safety Amendment Act stipulates that the CEO is responsible for seeing that the mine is constructed and equipped properly. Mining methodology is also taken into consideration, hence the questions about Aquarius Platinum’s bord and pillar mining method. If, in the wake of a fatal accident, the ground conditions were not suitable for the mining method employed, there’d be serious questions required of the CEO. Now with proper legal advice, there’s more chance the DMR won’t be blinded by science when it comes to prosecution. Not that the mining industry obfusticates its safety reviews, but ignorance of mining subtleties has not helped government explore ways of improving safety standards. Serious legal prosecution against mining management would appear to me to be a question of when, not if, especially as roughly 170 miners die on South African mines per year.
Building disaster probe adjourned. 14 September 2010.
Cape Town – A department of labour inquiry into the collapse of a Stellenbosch building which left three workers dead and others seriously injured has been adjourned to October 27, the department said on Tuesday. It was to have resumed on Tuesday morning. However the legal representative of an Italian prop manufacturer had asked for time to examine evidence presented to the inquiry last year, department spokesperson Temba Gubula said. The "Puntelli" props were used to hold up a concrete slab which fell on the workers. The incident occurred during renovations of a building in Distillery Street in 2008.
Thank goodness. I had bronchitis and travelled for 24 hours to get to Cape Town via Lagos.
Court mulls mining indemnity. 23 August 2010.
The Constitutional Court will soon reach a decision on the special indemnity enjoyed by South African mines regarding the incurable lung diseases that have killed thousands of mineworkers, leaving them medically incapacitated. The legal activist team that has driven the matter to this point is however virtually bankrupt after having been repeatedly defeated in both the High Court and the Court of Appeal since 2006. Thembekile Mankayi, a former AngloGold Ashanti employee, is attempting to sue the gold heavyweight after silicosis left him medically unfit in 1995 – at the age of 37. AngloGold has so far successfully argued that Mankayi and all former mineworkers are not entitled to sue the mines. Mankayi’s legal representatives, Richard Spoor and Charles Abrahams, are both well-known public-interest lawyers who were previously involved in lawsuits against the asbestos industry and in apartheid reparation cases, respectively. After three additional prominent legal experts were involved at the Court of Appeal stage and were not paid, Abrahams was placed on a black list, the court heard on Tuesday. The additional unpaid legal assistance was unavailable for the Constitutional Court case and on Tuesday Spoor presented Mankayi’s case on his own. If the Constitutional Court also finds that Mankayi cannot sue AngloGold, the matter will probably return to the High Court and again proceed to the Constitutional Court via a new approach. On Tuesday Spoor asked the court to set costs should he win the case. This was despite a previous agreement that neither he nor AngloGold would ask for costs to be awarded. Financial support for this important case had been promised from several quarters, but it had not materialised, Spoor said. The case deals with the country’s dual system of compensation for occupational diseases. South Africa has a centralised system for compensating occupational injuries and diseases in terms of the Compensation for Occupational Injuries and Diseases Act (Coida). The act bars workers already receiving compensation from also suing employers. Only mineworkers with lung diseases are barred from this system; they are compensated in terms of the Occupational Diseases in Mines and Works Act (Odimwa). The Odimwa compensation is in every respect inferior to the general compensation – even for precisely the same medical conditions. The burden of medical care and retirement sans pension is then carried by the public health system and the families of sick workers. But a worker left medically unfit from a lung disease in a factory receives a lifelong pension. A mineworker in the same situation receives a small once-off amount and then has to rely on government’s social grant system. Mankayi wants to sue AngloGold for R2.7m after having received, in 1998, in terms of Odimwa, a one-off amount of R16 320. AngloGold argued that the two systems actually together created a single system and that Coida’s prohibition from suing also applied to mineworkers. Both systems serve as insurance schemes for the country’s employers, but mines are protected to the extent that they have no incentive to protect workers’ health, said Spoor. That was one of Spoor’s strongest points, said Deputy Chief Justice Dikgang Moseneke. Spoor asked the court to give a “more constitutional” interpretation of the Coida and the Odimwa systems, with the emphasis on rejecting discrimination. AngloGold’s legal representative Chris Loxton argued that the dual system did not necessarily discriminate against mineworkers. The minister of health could decide to increase their compensation, he said on Tuesday. An increase comprising a once-off payment was announced at the end of last year. This was as a result of negative publicity around the Mankayi case, said Loxton. The minimum payment was increased from R7 000 to R35 000 while the R87 500 maximum was raised to around R108 000.
Miners take the fall as AEE turns to BEE . 20 August 2010. By Terry Bell.
In the stygian depths of South Africa's mines, 556 mainly young men died between 2007 and 2009. It is a shocking statistic, nearly four times the international benchmark for mine deaths per hour worked. But this is just the tip of a huge, largely ignored, mass of horrendous suffering and exploitation that has blighted this country for more than a century. Add to the 556 the hundreds of men who die each year from preventable lung diseases and the thousands who continue to suffer or retreat to their homes, injured and incapacitated, most with little or, all too often, no compensation. "This," says campaigning lawyer Richard Spoor, "is the real horror. The media concentrates on the deaths of (legally employed) miners where there is at least a relatively reasonable amount of compensation paid to widows and family." In the rural areas of this country and in neighbouring states, thousands of men are even now wheezing their ways to painful and early deaths, their lungs polluted by the largely preventable dust of deep mining. It is on the consumptive deaths and broken bodies of these miners that many of South Africa's great family dynasties have been founded. Much of this wealth also flowed abroad when the political transition arrived, financing investments from Chile to China and enabling that Afrikaner Economic Empowerment (AEE) vehicle, Gencor, to transform into Billiton. This fabulous wealth was - and continues to be - generated on the basis of practices that, in many ways, hark back to the worst excesses of the industrial revolution. However, especially in more recent years, these have been shrouded in legalistic hypocrisy and given a mythical gloss by public relations practitioners. But incidents in the past two weeks have again brought to the fore what Paula Akugizibwe of the Aids and Rights Alliance for Southern Africa has dubbed "a human rights scandal". The incidents were the killing by security guards of at least four miners at the Grootvlei mine near Benoni and the Constitutional Court challenge brought on Tuesday by Spoor on behalf of seriously ill miner Thembikile Mankaye. The medical expenses and lost earnings suffered by Mankaye, like so many miners a migrant from the rural Transkei, are estimated at R2 million. The payout from his AngloGold Ashanti employers in terms of the discriminatory benefit scheme for miners: R16 000. The miners at Grootvlei - where workers have not been paid since June - were zama-zamas (those prepared to "have a go"). Mainly young, but with experience of the vast underworld in which they volunteer to risk life and limb to enable their families and themselves to survive, they have also been accused of vandalism. Unsurprisingly, parts of mine property have been stripped and sold. As the National Union of Mineworkers points out, these men have had no running water or electricity, and have not been paid, for months. But, beneath the ground, in the shafts and tunnels of the mine, there is gold, a mineral that now sells for more than $1 200 (R8 760) a troy ounce. Given that sort of money, there are many middle men only too willing to pay R500 or even R1 000 for a sample, or more to the men who know where to find it and how to extract it. The actions of these zama-zamas - whether in the Free State, Witwatersrand or the older diggings around Barberton - are dictated by economic necessity. And they suffer usually worse conditions and even lower pay than when formally employed. The estimated 100 "illegal" miners who died more than 1km under the earth at the Harmony mine in Welkom last year were apparently employed, and like the surviving Grootvlei zama-zamas, were merely trying to make ends meet. But, in both cases, a largely unquestioning media tended to accept the labels of "pirates", "thieves" and "illegals" pinned on the miners by the publicity machinery of the mining and security companies. Yet questions must be asked as to why, a year after the Harmony tragedy, there has still been no proper investigation or inquiry. Especially since the dead were working miners. They did not descend, clandestinely by ropes, down forgotten shafts, deep beneath the ground. In their overalls and wearing lamp-bearing hard hats, they went down in the mine company cage to do the job they were paid for. Only their employer was not the sub-contractor licensed by the mine owners to dig and die for gold. All too often these days, miners are not even employed by the company holding the mining licence. Sub-contractors hire the workers, enabling the owners - Pontius Pilate like - to wash their hands of any responsibility for the callous brutality that continues to be the price paid in order to fill up their troughs of wealth. And shareholder spaces vacated by the former AEE beneficiaries are now taken up by their black economic empowerment (BEE) counterparts - and little or nothing changes. That has been the way for many decades in one of the few countries in the world where it is illegal, privately, to own gold or diamonds. This, as Spoor points out, is a ruling that means the state - and, therefore, the taxpayer - foots the bill for much mining product security. But zama-zama miners could not operate in the modern, deep-level mines of the Free State without the involvement of management at a fairly senior level. As the mining unions point out, the pirates - the crooks - are those in management and perhaps higher up, who, in the name of profit, allow miners to continue breathing deadly, dust-laden air. Improvements continue to be promised and nobody would surely argue with the report on the frightening incidence of tuberculosis on the mines that noted: "preventive measures are an urgent necessity". That report, of the Milner Commission, was written in 1903.
BP pays $50m fine for deadly blast.
Chicago - BP has agreed to pay a record $50.6m fine related to the deadly 2005 blast at its Texas City refinery and spend $500m on safety improvements, US officials said Thursday. The fine relates to BP's repeated failure to meet safety standards both before and after the explosion that killed 15 workers and injured 170 others. BP has also been slapped with huge fines for the pollution released from the troubled facility. Those fines pale in comparison to the billions the British energy giant is liable for in the wake of the massive oil spill unleashed in the Gulf of Mexico after a deadly explosion sank the BP-leased Deepwater Horizon drilling rig in April. The Occupational Safety and Health Administration initially fined BP a record $21m after it determined that BP failed to protect its workers ahead of the 2005 blast. The penalty was increased to $50.6m in 2009 after inspections found that BP failed to correct significant safety deficiencies. "This agreement achieves our goal of protecting workers at the refinery and ensuring that critical safety upgrades are made as quickly as possible," said Secretary of Labour Hilda Solis. "The size of the penalty rightly reflects BP's disregard for workplace safety and shows that we will enforce the law so workers can return home safe at the end of their day." The settlement does not impact ongoing litigation over the $30m fine imposed for 439 new "willful violations" discovered in the 2009 inspection. "It is perfectly within BP's means to make that facility safe," OSHA Deputy Assistant Secretary Jordan Barab said in a conference call. The settlement "commits them to a schedule to address those issues and it provides OSHA with an unprecedented level of oversight to make sure they do what they're supposed to do," he added.
Ill miner fights for R2m payout. 17 August 2010.
After working 16 years at one of AngloGold Ashanti's mines with exposure to harmful gases underground, Thembekile Mankayi was paid out only R16320 after contracting tuberculosis and other lung diseases. Mankayi, 57, who can no longer work, has been involved in a long legal battle to claim damages and prove that the mining giant was negligent. His lawyers insist he is entitled to more than R2-million in compensation, but legislative loopholes are making his claim a difficult one. In 2008, the Johannesburg High Court ruled that the compensation law prevented him from claiming damages. The Supreme Court of Appeal upheld that decision in March. Mankayi's lawyer, Richard Spoor, brought the case to the Constitutional Court yesterday. Spoor said that Mankayi's compensation of R16320 under the Occupational Diseases in Mines and Works Act was less than he would have received under the Compensation for Occupation Injuries and Diseases Act. Chris Loxton, acting on behalf of the mining giant, argued that the acts "were not the same" and that a decision on the matter should be made by Parliament. Judgment was reserved.
Man loses hands in 'freak accident'. 12 August 2010.
A Cape Town paper factory worker has lost both of his hands after being involved in a freak accident while working, paramedics said on Thursday. The accident happened at about midday at a factory in Beaconvale in the Parow industrial area, Netcare 911 spokesperson Lauren Copley told News24. “He was allegedly working with paper when an industrial guillotine came down suddenly,” said Copley.
Man crushed in paper machine. 11 August 2010.
A man was crushed to death by a printing press die cutter in Denver on Tuesday, said Johannesburg emergency management services personnel. At least 20 tons of paper was being pressed at Spyker Ink when the machine got stuck, said spokesperson Percy Morokane. "He leaned over to remove whatever obstruction was there when it closed on him". "He suffered massive chest trauma and workers tried to resuscitate him for quite a while." Netcare 911 spokesperson Chris Botha said the man died before paramedics arrived on the scene. Morokane said the incident should be an eye-opener for all companies. "Incidents have happened in the past where workers have lost limbs or been crushed. We are calling on all companies to follow the safety measures and protocols. "We are not pointing fingers. We are just saying that companies must relook at and observe those protocols." Police were on the scene, but were not available for comment.
Trio dies in freak accident. 5 August 2010.
Three workers were gruesomely killed and two injured in a freak factory accident at an engineering company west of Johannesburg, officials said on Thursday. "A very big piece of metal broke loose and flew through the factory. On its way, it cut open three employees' heads and stomach and the three died on the scene. It's horrible," said Metal and Electrical Workers Union of SA sector coordinator Peter Madigoe. The accident happened around midday on Wednesday at Mainline Engineering in Roodekop near Leratong hospital on Gauteng's West Rand, he said. Johannesburg emergency management services spokesperson Nana Radebe confirmed the accident. "Three people were killed and we took two patients to hospital," Radebe told Sapa. Police did not immediately have information on the accident.
Hysbak val op tegnikus; sy lyk dag later eers gekry. 3 Augustus 2010.
’n Hysbak-tegnikus van Vereeniging is ’n paar dae voordat hy en sy vrou Skotland toe sou vlieg vir sy dogter se troue, dood toe ’n hysbak hom in ’n Sandtonse hotel vergruis het. Mnr. André Kleinhans (54), wat 28 jaar lank met hysbakke gewerk het, is Dinsdag dood toe ’n private hysbak, op die 23ste verdieping van die Radisson Blu-hotel in Sandton, glo twee verdiepings ver op hom geval het. Sy dogter, Mellissa (24), en haar verloofde, wie se naam net as Mike verstrek is, het hul troue uitgestel en het Saterdag in Suid-Afrika aangekom. Kleinhans se lyk is eers die volgende dag omstreeks 12:30 deur twee kollegas van Schindler Lifts onder die hysbak gevind. Dit het glo gelyk of hy die 800 kg hysbak wou keer. Volgens me. Maryna Stoltz, Kleinhans se suster, het die gewig van die hysbak haar broer, “wat alles geken en geweet het van hysbakke,” se ribbe gebreek en sy hart en longe laat bars. Dit is nie bekend hoe die ongeluk gebeur het nie. Volgens haar het Kleinhans se vrou, Eveline (46), bekommerd geraak toe sy haar man van 16:00 Dinsdag gebel het en hy nie geantwoord het nie. Sy en ’n broer, Norman, is omstreeks 19:00 na die hotel om na hom te gaan soek. Die familie is omstreeks 23:00 na die Sandton-polisiekantoor om hom vermis aan te meld. Kapt. Kym Cloete, polisiewoordvoerder, het gesê ’n geregtelike doodsondersoek is begin. Nóg Radisson Blu nóg Schindler Lifts wou gister kommentaar lewer.
Mines must put the lives of workers over output . 15 July 2010. By Justin Brown
The recent accident that claimed six lives at Aquarius Platinum and Anglo Platinum's Marikana mine in the North West again highlighted how poor the mining industry's safety really is. The six people that died at the Marikana mine due to a fall of ground were employees of mining contractor Murray & Roberts Cementation. The number of people dying in the mining sector remains very high. The sector's level of safety continues to improve but this improvement is far too slow to achieve the 2013 safety goal set in 2003. Industry roleplayers, the state and trade unions are aiming to reduce mine deaths to "international benchmarks" of one death for every 33 million hours worked by December 2013. Far from eliminating fatalities, such a safety level would have resulted in 33 people dying last year. Last year there was one death for close on 7 million hours worked. For the industry target of one death for every 33 million hours to be achieved by December 2013 there needs to be a drastic 80 percent improvement in safety in the sector between 2009 and 2013. Looking across the industry as a whole there are no signs of drastic action aimed at achieving this. An 80 percent improvement in safety over four years requires a night and day change. By July 5, 60 people had died in the mining industry this year, down by 29 percent when compared with 84 mine deaths at the same point last year. For the whole of last year 165 people died in mining. In an industry characterised by poor safety, Aquarius had one of the better mining records compared with its peers. However, something seems to have gone quite wrong. Just five days before the Marikana accident, Aquarius announced that it had reviewed its safety at its Blue Ridge mine in Mpumalanga after two deaths last month. Following the second mine death, the government halted all operations at Blue Ridge for two weeks. Greater pressure must be placed on the industry to make health and safety the number one priority. What will ultimately drive the sector to make safety its top priority over production is a combination of the billions of rand lost due to government-enforced shutdowns after accidents and mine deaths, the proper implementation of mine laws that make chief executives and managers criminally liable if found guilty of causing serious injuries and deaths as well as onerous health and safety fines. Adding to the production losses for the industry is that the National Union of Mineworkers now holds a day of mourning every time there is a death at a mine. Mine safety would also improve if the government applied more resources to the Department of Mineral Resources' health and safety inspectorate as well as jacking up the Department of Justice's capacity to prosecute people responsible for negligence leading to injury and death. The nonsensical nature of the existing fines system is reflected in the presidential mine health and safety audit report of 2008, released last year, which says: "Mines do not want to pay even when they are fined because they see it as an admission of guilt. So the inspectorate, which is seriously stretched for resources, is inundated with piles of files of mines' legal councils appealing the fines." The mining industry earned total income in 2008 of R360 billion, so there is no lack of funds available to end the scourge of poor safety. What is lacking is the will to achieve the 2013 safety goals and ultimately zero harm.
Murray & Roberts workers observe day of mourning. 14 July 2010.
Workers at Murray & Roberts Cementation downed tools on Wednesday to observe a day of mourning for the six mineworkers killed at Aquarius' Marikana mine last week. About 11 000 workers had downed tools and would gather on Wednesday morning at the RTM Bleskop stadium in Rustenburg, the National Union of Mineworkers said in a statement. The workers from four Murray & Roberts Cementation operations --Marikana, Kroondal, Wonderkop and R5 Rustenburg -- would hold a memorial service. "This is in line with the NUM 's resolution to protest against mine deaths and to force the mining industry to work on improving health and safety instead of the constant singular focus on production," Lazarus Ditshwene, the NUM's regional chairman in Rustenburg said. "Our people are more important than production and that is the most important message we are sending to employers." Murray & Roberts was not immediately available for comment.
Manganese dust case goes to prosecutors. Assmang and sick ex-workers will know their fate soon. 14 July 2010.
THE department of Labour has completed its inquiry into the exposure of Assmang workers to manganese dust at the Cato Ridge plant and will soon submit a report to the director of national prosecutions. Thobile Lamati, the chief inspector at the department, confirmed yesterday that a recommendation had been made for the prosecution authority to consider, but he would not divulge the findings as the matter was sub judice. The public inquiry began three years ago after at least 50 workers were suspected to be suffering from manganism, a crippling disease of the brain and nervous system that can cause infertility, memory loss, poor balance, inability to walk, blinding headaches and severe body tremors. At least 10 workers had confirmed diagnosis of the disease before the company changed its tune and said they could be suffering from any other disease but not manganism. Two of the workers have died while the rest are unemployed because of their illness. Lamati would not be drawn on whether the government believed that any of the ill workers were suffering from manganism. "That is part of the report that we have finalised and I cannot talk about it. The NPA (National Prosecuting Authority) must make its decision and I don't want to pre-empt it," Lamati said. While Lamati said that it was normal for such inquiries to drag on for three years or longer, for the crippled former workers at Assmang, the wait has added to their burden. "The government has kept us in the dark. Our lives are on hold and the sad thing is that some of the guys are dying and there are two who are in and out of the hospital," said Brian Anderson, one of the former employees. Anderson said although the workers received money from the government as stipulated by the Compensation for Occupational Injuries and Diseases Act, it was not enough to help them with medical bills as they often had to consult specialists. Simon Miya, also a former employee, said it was heartbreaking that the company had consistently denied the workers had contracted manganism. "Our doctors tell them we have manganism but their doctors say we don't and they keep increasing the number of their lawyers," said Miya. Assmang is jointly owned by Assore and African Rainbow Minerals, which is controlled by Patrice Motsepe. The company was warned as early as 1995 about the dangers of high levels of dust at the Cato Ridge plant. In 1999 it was even advised to use international measurements of acceptable dust levels because the local legislation was outdated. At the time of the warning, the South African limit for daily exposure was 5mg of manganese dust per cubic metre, while the American Conference of Governmental Industrial Hygienists' limit was 0.2mg, which is the limit suggested by the occupational hygienist that assessed Assmang. The local limit has since been reduced to 1mg a cubic metre. Lamati said they would go back to the company either next month or in September to assess if the measures put in place to limit exposure to manganese dust were adequate. Meanwhile, the inquiry into the furnace explosion that killed six people at the same plant two years ago will resume next week.
Search on for man under sand. 9 July 2010.
KwaZulu-Natal police were on Friday continuing their search for a man believed to be stuck under sand at a construction site in Umhlanga. “Police were searching for the last man believed to be stuck underneath the sand. Last night [Thursday] it became too dangerous to continue with the search,” said Lieutenant Colonel Vincent Mdunge. On Thursday four men were rescued and taken to hospital after a sand bank collapsed on them on a construction site. Paramedics said the accident happened around 14:00 and rescue workers were still at the scene around 19:00.
Almost a monthly occurrence. Will the draft construction regulations address the nagging problem of collapsing excavations?
Five killed in mine accident. 6 July 2010.
Five people have been killed in a mine accident near Rustenburg, the National Union of Mineworkers (NUM) said on Wednesday. NUM spokesman Lesiba Seshoka said the accident happened late on Tuesday night at Marikana platinum mine. "There was a fall of ground. "Seven mine workers were trapped and five of them died." Seshoka said that one person was critically injured and one left unscathed. He said the cause of the fall of ground was not yet known. "We are shocked that at the time when we thought we are doing all we can to improve safety, all of sudden we are encountering similar problems again." Comment from mine management was not immediately available.
Mall work stops after death. 2 July 2010.
The labour department has halted construction at Carnival City mall in Brakpan, east of Johannesburg after a worker was killed and another injured when a concrete slab fell on them, an official said on Friday. "The department has served a prohibition notice against a construction company following an accident on Thursday that resulted in two employees trapped under the concrete slab," department spokesperson Mishack Magakwe said in a statement. One of the two workers escaped with head injuries. The prohibition will stop construction at the site until a formal probe by the department has been completed. The department would take legal action against the company if it had deviated from the Occupational Health and Safety Act.
5 injured in Atlantis blast. 30 June 2010.
Five workers were injured in an explosion at a foundry in Atlantis on Tuesday night, paramedics said. Netcare 911 spokesperson Lauren Copley said the five night shift workers were treated for mild to moderate burns. The accident happened at around 19:00, when hot metal was apparently poured into a smelter containing some cold water residue. Copley said the men were stabilised and taken to the Blaauwberg hospital. Another worker was treated on the scene for minor burns.
Harmony says criminal activity may be behind deadly Phakisa explosion. 29 June 2010.
South Africa-focused gold-miner Harmony Gold suspects the involvement of criminal mining activity to be at the cause of last week's underground explosion at its Phakisa mine in the Free State, in which four people died. The company said on Monday that a fourth member of the specialised proto team injured in the explosion, which occurred while the team was attending to a fire more than 2 000 m below the surface, has died. A fifth team member was also injured and is currently in a serious but stable condition in hospital. Harmony CEO Graham Briggs said that while the cause of the explosion was not yet known, he had been informed that, while work was being done to restore ventilation to level 66, ‘booby-trap' explosive devices, similar to those made by illegal miners, had been discovered some 900 m from the accident scene. Briggs said the company was doing everything in its power to rid its mines of illegal miners, with the full knowledge and assistance of South Africa's Department of Mineral Resources and the police services. Measures included: the installation of additional security fencing and biometric and security card readers at all shafts, the banning of food being taken underground, and the implementation of an amnesty, of which 102 illegal miners took advantage and returned to surface. Earlier this month, Harmony discovered the bodies of five illegal miners at its President Steyn mine, also in Free State province. Briggs said that the company would spare no efforts in determining the cause of the accident. "These were men that risked their lives to save those of others in danger and it is tragic that they have died in these circumstances." Harmony noted that at this stage of the investigation it was still unclear what happened but added that the full investigation would continue during the week.
Oil spill shows why safety matters in corporations. 29 June 2010
By Francis Petersen
With the recent focus on the BP Deepwater Horizon disaster in the Gulf of Mexico, the issues of risk management and safety within business operations are again raised as the key priorities in how companies should conduct their business. It is interesting to note that in almost all the articles published in the press on the BP disaster, very little focus has been placed on the safety aspects associated with the explosion, but rather a major emphasis on the environmental impacts thereof. It is, of course an environmental catastrophe, but so is the seriousness of the death of 11 employees. Research has been conducted to understand how to manage safety pro-actively, and companies and businesses have applied different models of risk management and a variety of approaches towards managing safety - some more successful than others. The question however, is how companies or businesses can ensure sustainable safety in operational environments where technical or other risks are high? It asks for exceptional leadership - a leadership that promotes a culture of caring and discipline, and which values safety as a way to do business. This type of leadership needs to permeate through each level of the organisation - always reminding employees that "short-cuts" are unacceptable and will lead to severe disciplinary consequences. It is obvious that this type of leadership needs to be integrated and supported by a robust risk management framework, solid technical systems and standards and an employee-owned value system. In the South African context, companies such as Anglo American, BHP Billiton, Sasol, Murray & Roberts, Group Five and various others have shown a high commitment towards managing safety, but there is certainly room for improvement. An ever-increasing regulatory environment has further added towards a different behaviour and a more meticulous focus on safety and risk in companies. One would also expect a tougher stance from the investor community - where environmental, safety and social risks will have to be closely scrutinised by analysts and fund managers before investment decisions are made. If culture, behaviour and the correct mindset towards safety are so important to manage safety in the workplace, do universities prepare their graduates appropriately with respect to the understanding and behaviour towards safety? How do universities engage with this critical aspect in their curricula? It would make sense that if graduates enter companies with the correct mindset and appreciation towards safety, the leadership of the company would find it easier to align the company's objectives (especially with respect to safety) to those of the incoming graduates - this could be a key ingredient towards sustainable safety. In the Faculty of Engineering and the Built Environment at the University of Cape Town, a two-pronged approach is followed to expose students to the critical aspect of safety. Firstly, continuous communication and visible leadership form the basis of the operational management of the faculty. The argument is that you cannot teach safety if you do not practice it yourself - you need to set an example. Therefore, academic staff, workshop and laboratory staff apply a "zero-harm" approach in executing their daily tasks. The second emphasis is on the curriculum: content on safety is taught in an integrated manner in the disciplines of engineering and the built environment. This is supplemented by a Faculty Safety Week, where experienced engineers and built environment professionals from industry and the private sector share real-world case studies with staff and students. This does not only contribute in raising the profile of safety among students and staff, but also assisting in developing a climate of caring among staff and students in the faculty - in doing so, safety becomes everyone's responsibility. Universities have always provided a good technical foundation of safety aspects within technical and professional disciplines, but what is required now is to create an added positive and appreciative mindset, so that the value of the behaviour to safety becomes paramount. It is unfortunate that an event such as the BP disaster should challenge the contribution all roleplayers must make to ensure that sustainable safety in companies is achieved. Professor Francis W Petersen is the dean of the Faculty of Engineering and the Built Environment at the University of Cape Town.
Inspectors probe explosion. 25 June 2010.
Labour inspectors are investigating the death of a worker in a fuel tanker explosion at the Sasol plant in Sasolburg, the department of labour said on Thursday. Spokesperson Page Boikanyo said the driver of a fuel-transporting tanker was fatally injured on Wednesday when the tanker exploded while he was inspecting a leak. He was air-lifted to hospital, but died there while receiving medical care. "The inspectors have cordoned-off the area where the incident happened and are currently probing circumstances surrounding the tragedy that befell the driver," Boikanyo said in a statement. In May, a worker died and 18 others were injured in an explosion at the Lethabo power station, near Vereeniging. Fire-fighters found the body of a man with severe burns close to where the explosion occurred, at sulphur gas leak.
Deaf employee succumbs to toxic ammonia. 25 June 2010.
For an hour-and-half, relays of specially trained firefighters fought toxic gas to reach the one employee who didn't make it out of the building. He was left behind because he was deaf and didn't hear the alarm. The man was eventually found under a table. He was rushed outside, but paramedics pronounced him dead. Around 10am on Thursday, emergency personnel responded to an ammonia gas leak at the Vereeniging Meat Packers plant. Paramedics said 200 people were evacuated. Five people were injured.
3 killed in mine explosion. 25 June 2010.
Three miners died in an underground explosion at Harmony Gold's Phakisa mine in the Free State. In a statement on Friday, the company said the accident occurred on Thursday night about 2 013 metres below the surface. Harmony added that two other employees were seriously injured and were being treated at the local hospital. "The employees were part of a Mine Rescue Team that was busy investigating a suspected fire in a raise, underground at the time of the accident. "All other employees working underground at the time of the explosion were accounted for and are safe," Harmony said. Management together with the representatives of the Department of Mineral Resources worked through the night on the rescue operation. "Investigations into the causes of the accident will be conducted once the area has been declared safe," the company added. Harmony's Chief Executive, Graham Briggs and his management team, expressed their condolences to the families of the dead and injured. Less than a week ago, another worker was killed at the same mine when a rockfall occurred.
Metrorail probed after death of worker. 24 June 2010.
The Labour Department was probing Metrorail after a worker was killed when he fell off a working platform in Bloemfontein in the Free State, an official said on Wednesday. "The department was investigating whether Metrorail was complying with the occupational health and safety procedures during the time of the accident," said spokesperson Page Boikanyo. Willem Scheepers was painting a carriage when he fell off the platform and died on Friday. The Labour Department had ordered the rail company to erect safety guard rails along the platform. Its inspectors were investigating the cause of the circumstances of the incident.
Safety failures hit bosses where it hurts. 20 June 2010. By Jim Jones
Top marks to Barack Obama for histrionics, populist rhetoric and hypocrisy in the BP Deepwater Horizon debacle.
Here we have the leader of the single largest producer of global pollution and greenhouse gases strong-arming an oil company that was doing what the Obama administration wanted and encouraged - drilling for offshore oil to help improve America's energy security. The lesson Obama might better be learning and repeating to his countrymen is that the US has to find and introduce less pollution from all sources combined with cleaner energy - quickly - before we all go down in an overheated, polluted world. But dodging responsibility is too often the name of the profit-driven political and corporate games. Obama needs reminding, for example, that America's farmers and industries are apparently doing their damnedest to kill the waters of the Gulf of Mexico. The Mississippi River discharges so many toxic products, as well as pesticide and nitrates run-off from farming, that it creates a dead zone of as much as 20000km² around its mouth. Little in the way of aquatic life can live there, the waters are depleted of oxygen and the livelihoods of the very fishermen whom Obama wants compensated by BP are adversely affected every day. None of this exonerates BP or its contractors which together cut safety corners. The oil company has been pushed into temporarily suspending dividend payments and creating an initial, ring-fenced $20-billion fund for cleaning up and to compensate those affected by the continuing spill. In contrast, America's Clean Water Act of 1972 seems to have had only little effect and offers little in the way of compensation as spectacular as BP's. The one lesson Obama is delivering goes beyond BP, Transocean and America's Halliburton who bear direct responsibility for the off-shore disaster - the costs of safety failures can be high. Big sticks as well as juicy carrots are needed - and that strikes a chord with many people who see corporate bigwigs as being overpaid for successes but who dodge penalties for failures. In South Africa we have the latest unedifying spectacle of Eskom's executives planning to award themselves fat performance bonuses - payments that overlook the utility's massive delivery failures. And we have something similar when it comes to responsibility for deaths on our modern mines. Some responses to recent requests for information about rewards and penalties for mine deaths were mixed, to say the least. The most frank and refreshing came from Thero Setiloane, AngloGold Ashanti's executive vice-president for business sustainability - 30% of his bonus payments are linked directly to the mines' safety performances. "And if performance is unacceptable?" I asked, "I'm fired," he said. It's an open indication of his company's commitment to underground safety - unlike the responses of some others. In response to an initial request for information on executive responsibility for safety, Impala Platinum's Alice Lourens was terse: "... all employees' bonuses, from the lowest levels to the CEO, include a safety performance component". Pressed for amplification - how are safety bonuses calculated? Can remuneration be cut in the event of failure? - Lourens's response was that no executives would be available to comment for a week. Let's turn to Anglo American and its main South African underground mines operated by Anglo Platinum. Responsibility for mine safety goes all the way up the corporate ladder. Bonuses are cut radically if progressively tightening safety standards are not met. Not as obviously draconian, perhaps, as the penalties Setiloane and his colleagues might face, but they do move in the right direction of sticks and carrots. And Anglo's leaders regularly visit the mines and miners at the stope face in pursuit of safety improvements. What is it about safety? Is there a link between approaches to safety and the fact that AngloGold Ashanti and Anglo American are, respectively, headed by an Australian and an American? Is it because Mark Cutifani and Cynthia Carroll come from countries where mine safety is a more prominent consideration than it has been in South Africa? Are approaches to safety influenced by the costs of mine closures that unions and the Department of Minerals and Energy help enforce in the wake of mine deaths? We have come a long way since the 1995 Vaal Reefs mine disaster when Clem Sunter, then the chairman of Anglo's gold division, expressed his concern by visiting bereaved people and setting up a compensation fund for them. It cost Sunter his job, but it helped set the tone. Times are changing, but there is still a way to go.
Paarl Print fire probe ends. 16 June 2010.
The public enquiry into the cause of the fire which broke out at Paarl Print in April last year came to an end on Tuesday, the department of labour said. Thirteen employees died in the blaze while numerous others were injured. Transcripts would be made available at the end of June to all representatives involved and they would have until the end of July to submit their heads of arguments to the chairperson of the enquiry. The department said: "The chairperson will study these arguments and submit a report to the chief inspector for his determination in October." The chief inspector would then make a recommendation to the National Director of Public Prosecutions for prosecution of any party found liable. "The enquiry took over a month, gathering evidence to determine whether sufficient fire safety precautionary measures had been in place to prevent the fire from killing and injuring these workers."
Mom awarded R940 000 damages. 8 June 2010.
Eskom has been ordered to pay 100% of the damages sustained by a Soshanguve mother and her son when a transformer exploded outside her house, killing her daughter and burning down her house. In terms of a settlement in the High Court in Pretoria, Eskom accepted liability for the July 2005 incident in which domestic worker Maria Mahlangu’s house in Stinkwater near Hammanskraal was destroyed and her children burnt. Her son Brian, now 18, and 17- year-old daughter Thandeka both sustained serious burns when the Eskom transformer in front of their house exploded. Brian managed to smother the flames by rolling on the ground but his sister was covered in flames and died in hospital two weeks later as a result of her injuries. Mother and son, who both suffer from post-traumatic stress as a result of the tragedy, instituted a damages claim of R940 000 against Eskom, claiming the electricity provider had been negligent. They claimed Eskom had installed a faulty transformer, failed to maintain it and also failed to implement measures to keep it safe. Mahlangu claimed damages for the loss of her house and household goods, her pain and suffering, emotional shock and trauma and the costs of past and future medical and psychological treatment. Her son, who suffered disfiguring first and second degree burns over his body and had to witness his sister’s agonising ordeal, claimed damages for his medical and hospital expenses, loss of income, disability and pain and suffering. According to a medical report, Mahlangu had to move in with fam- ily in Soshanguve after her house was burnt down and her son had to stay with his older sister because there was not enough space to live with his mother. According to the report, the incident had severely traumatised mother and son. Both were overwhelmed by feelings of anxiety and help- essness and needed psychotherapy.
Bosses Guilty Over Bhopal Gas Leak Disaster. Sky News. 7 June 2010.
An Indian court has found eight former Union Carbide employees guilty of criminal negligence - over two decades after the Bhopal gas leak disaster. On December 3, 1984 a lethal gas cloud leaked from the Union Carbide pesticide factory killing thousands instantly in the world's worst industrial disaster. The former chairman of the Indian arm of the US owned Union Carbide, Keshub Mahindra, was among the senior management team found guilty of criminal negligence. The group, who can expect a maximum of two years in prison, will be sentenced at a later date. The absent American former boss of Union Carbide, Warren Anderson, escaped judgement after the court declared him an absconder. Even with the guilty judgement, what does two years' punishment mean? Victim support groups were outraged by the leniency of the court judgements. Satyanath Sarangi, from the Bhopal Group for Information and Action, described the maximum two-year sentence as comparable to the punishment for a "traffic accident". "We will continue our fight," he said. "This is just the beginning." Sadhna Karnik, of the Bhopal Gas Victims Struggle group, said: "Even with the guilty judgement, what does two years' punishment mean?" Initial Government figures after the accident recorded the death toll at 3,500 but the Indian Council of Medical Research (ICMR) puts the figure at between 8,000 and 10,000. The ICMR has said that until 1994, 25,000 people also died from the consequences of gas exposure, with victim groups saying many were still suffering from the effects to this day. A study last year by Bhopal Medical Appeal said the shanty towns surrounding the now abandoned site were still laced with lethal chemicals that are leaching into the groundwater and soil, causing birth defects and a range of chronic illnesses. Dow Chemicals, which now owns Union Carbide, denies any responsibility saying it bought the company a decade after Union Carbide had settled its liabilities to the Indian government in 1989 by paying $470m (£324m) to the victims.
SA mine fatalities a concern, says Minister. 21 May 2010.
South Africa's Mining Minister Susan Shabangu said on Friday she was "very concerned" about recent mine deaths and would continue to order shutdowns in the world's top platinum and major gold producer to curb fatalities. South Africa's government has imposed partial or total mine closures as it moves to curb deaths in the key economic sector, further reducing output in mining, which has been hard hit by a global economic downturn and lower demand. "I am deeply concerned about the latest spate of fatalities in which six employees died due to falls of ground and a blasting accident within the first week of May," Shabangu told parliament. Forty-five miners have died so far this year compared to 57 fatalities over the same period last year. The mining companies that have had the most fatalities since the beginning of the year are Anglogold Ashanti, Harmony Gold Mines, Simmers and Jack, Anglo Platinum, and Goldfields. The major causes of deaths in South African mines, which rank among the world's deepest, are rockfalls, transportation and machinery accidents, Shabangu said. "In dealing with these pressing occupational safety challenges, my department will continue... the sustained issuing of instructions for stopping either sections of a mine or even the entire mine where necessary," Shabangu said.
Eskom probes fire at Lethabo . 17 May 2010.
Johannesburg - The cause of a fire that left a contractor dead at an Eskom power plant in Vereeniging was still not known, the power utility said at a media briefing on Sunday. "There is no clarity on what caused the fire," said spokesperson Andrew Etzinger. A fire broke out at the national power utility's Lethabo power station on Saturday afternoon, killing Shigamani Paul Hobo and leaving 15 other people injured. It was initially thought that 25 people were injured during the incident. Those injured have already been discharged from hospital. Plant manager Shireen Prince said a leaking valve was being replaced during a plant maintenance operation when the incident happened on Saturday afternoon. "While repairing a leaking valve on the SO3 plant a fire broke out, fatally injuring a Babcock employee... a boiler maker," she said. A fact finding and information gathering process was underway to determine the cause of the fire, Prince said. The damage was limited to the Sulphur dioxide unit of the plant and production in other units has not been affected at all, said Etzinger. The sulphur dioxide plant is where the fine ash is filtered off and air is cleaned before it is released into the atmosphere. "It involves high temperatures and high pressure," he said.
Compensation fund in state of disarray. Busrep. 14 May 2010. By Terry Bell.
In the midst of the relative turmoil resulting from the coincidence of the World Cup and the annual wage bargaining season, I have to register a mea culpa - a confession of guilt: I have not kept an eye on the source of one of the greatest official travesties visited for years on injured workers or the families of those who died pursuing their paid occupations. It is an area of maladministration, incompetence and possible financial misappropriation peopled to a high degree by arrogant petty bureaucrats. This is the nightmare world of the Workmen's Compensation Commission (WCC) and the fund it administers to compensate workers killed or injured in the course of their labour. It was a system set up under the previous dispensation and allows employers outside of the mining industry to evade responsibility for negligence resulting in injury or death. Instead, a centralised fund is empowered to assess and pay proportionate compensation. Every year, thousands of South African workers are killed or injured in the course of their work. Often they are sole wage earners supporting as many as 10 dependants. Their loss of income - temporarily or permanently - can spell terrible hardship. I first started writing about the compensation fund in 2002 when I became aware of the human tragedies that lay behind statistics provided by the bungling, and often sheer bloody-mindedness, of WCC officials. At that time there existed a well-sourced estimate of more than 100 000 pieces of unopened mail in the compensation commissioner's office. As a result it took, on average, eight months to receive a reply from the WCC. At the end of December 2007, after numerous false starts and unkept promises, with a series of acting commissioners in charge, the compensation fund pledged to clean up its act. A new, permanent commissioner, Shakes Mkhonto, the then deputy director-general of the Labour Department took over the top job. From 1996 to 2005, Mkhonto headed the Unemployment Insurance Fund (UIF). When he was appointed as deputy director-general, the department hailed him for turning around the UIF, where Boas Seruwe took over in an acting capacity. Nearly two years later, in April 2007, when Seruwe was confirmed in his UIF post, the department noted that he had been brought into the UIF in 2004 "to help turn around the financial management of the UIF, which was in disarray". This apparent contradiction in departmental assessments should have been picked up and queried. It wasn't. But little notice was also paid in February when the annual accounts of the compensation fund came under parliamentary scrutiny, and received a fourth consecutive qualified audit. During the hearings that month, ANC MP Faith Muthambi remarked that the situation at the fund had become worse over the past four years. All the members of the parliamentary oversight committee agreed that "all is not well with the fund" and that employees were being allowed to "fail to carry out their duties". This seems hardly credible, given the state the fund was in even three years ago. It was then that acting commissioner Phineas Mothiba announced that the WCC was "getting back on track". It needed to, since disclosures, forced into the open by a court application from the Legal Resources Centre (LRC) in Pretoria, revealed that there was a backlog of 198 000 case files. Dubbed "T" (for temporary) files, some of these related to claims dating back as far as 12 years. And behind the dry statistical data lay shocking tales of human suffering, frustration and death. "I think the record for delays in payment was 15 years for the wives of a man killed at work in KwaZulu-Natal," says octogenarian Beulah Rollnick, the now retired former head of the Pretoria LRC. It was she and former LRC attorney Paula Howell who, in 2002, brought my attention to the case of John Molefe, a truck driver shot and wounded in a botched hijacking and who had then waited six years for compensation. It took another two years, including court battles, for Molefe to receive his due payment. As a result of that court ruling, the compensation fund also faced the prospect of having to review more than 170 000 cases where payment for "temporary total disability" had been disallowed. But Molefe was fortunate in having the LRC take up his case, as only a minority of cases are ever taken up by a campaigning LRC or, on rare occasions, by concerned employers prepared to devote time and money. "It's an evil empire," rages Tanja Glavovic, a Johannesburg media consultant who this week triggered my mea culpa. She had taken up cudgels last year on behalf of factory worker John Matlala who lost an eye in an industrial accident in February 2006. Her involvement began when, after three years, neither John Matlala nor his employer, who filed all the relevant documentation four years ago, had made any headway with the compensation fund. Over the past year, a record was kept of the telephone calls, faxes and personal visits to the WCC. It is peppered with broken promises, claims of lost documents and the names of numerous officials. "When we visited the fund in October last year, we met a man in the reception area who said he had been waiting eight years," says Glavovic. John Matlala notes that he was told then that he would be paid out in December. He is still waiting. This week Shakes Mkhonto was "not available", but the fund call centre insisted that the Matlala payment would be made "this year". It was unnecessary to speak to any officials "because they will tell you the same thing" and only queries about specific claims could be answered. However, it is obviously in the public interest that a number of queries about the state of the compensation fund be answered. So a list of questions has been e-mailed to the media department at the fund. Watch this space.
Oil drillers had safety concerns. 5 May 2010.
Dallas - Transocean, which owns the drilling rig where 11 workers died in an explosion in the Gulf of Mexico, eliminated bonuses for top executives last year after the deaths of four other workers. The company said it eliminated the bonuses "to underscore the company's commitment to safety and to increase the incentive for executive officers to promote... the avoidance of future fatal accidents." Transocean's chairperson and CEO told shareholders in a letter in March of a "thorough review" of safety practices taking place across the company. The Swiss company disclosed the decision not to pay bonuses in a regulatory filing on April 1. Less than three weeks later, the company's Deepwater Horizon rig blew up and sank, spawning a huge oil spill that is now endangering wildlife and businesses along the Gulf's coastline. BP leased the rig from Transocean. Transocean spokesperson Guy Cantwell said on Tuesday that management recommended that the board not pay bonuses last year. Cantwell said the four deaths in 2009 occurred on different rigs in four different countries. Reports on one death, in Azerbaijan, appeared in the media, but Cantwell declined to disclose other locations and whether any were in US waters. None were related to drilling, he said. Transocean is scheduled to report first-quarter financial results on Wednesday, followed by a conference call with analysts on Thursday. The company's annual shareholder meeting is planned for next week in Switzerland.
Paarl Print jaar voor brand al gewaarsku. 4 Mei 2010.
Sowat ’n jaar voordat Paarl Print se boeke-aanleg verswelg is in ’n brand wat by ’n oliebraaier in die kombuis begin het, is dié maatskappy gewaarsku dat dít ’n risiko is. Die departement van arbeid se openbare ondersoek na dié brand op 17 April verlede jaar is gister hervat. Mnr. Frans Rossouw, sedert Oktober 2008 Paarl Print se fabrieksbestuurder, het getuig die aanleg was ’n lae brandrisiko en indien ’n brand sou uitbreek, sou dit in ’n beperkte gebied plaasvind. Hy het ook in ’n risikobepaling bevind ’n brand sou nie lewens eis nie, maar mense kon wel permanente gestremdhede opdoen. Altesaam 13 mense is dood weens verlede jaar se brand, wat vinnig deur ’n groot deel van die gebou versprei het. Mnr. Richard Spoor, Ceppwawu se prokureur, het aan Rossouw jaarlikse verslae van Alexander Forbes se risikobepalers voorgehou waarin Paarl Print se brandgevaar as hoog beskryf word. Daar is van 2003 tot 2009 aanbeveel dat brandkompartemente aangebring word. Volgens Rossouw het hulle kort voor die brand kwotasies bekom vir branddeure, wat kompartemente sou vorm. Die isoleringsmateriaal – wat vir die vinnige verspreiding van die brand verantwoordelik gehou word – het ook telkens ’n lae veiligheidsgradering in die verslae gekry. Sowat ’n week voor die brand het Alexander Forbes aanbeveel dat dit vervang word. Rossouw het gesê hy het nie verwysings na die isoleringsmateriaal in die verslae “raakgesien” nie. Toe Spoor hom vra of die res van hul bestuurspan dit ook nie raakgesien het nie, het hy geantwoord: “Nie een van ons het dit raakgelees nie.” Die 2008-verslag beskryf die kombuis se oliebraaier as ’n brandrisiko en beveel ’n brandkombers in die kombuis aan en dat die personeel opgelei word om dit te gebruik. Volgens Rossouw was daar brandblussers in die kafeteria. Me. Doreen Joubert, wat in die kombuis gewerk het, het vroeër getuig sy het geen opleiding ontvang nie. Alexander Forbes het ook telkens aanbeveel dat ’n sproeierstelsel aangebring word.
Mine safety law should be given sharp teeth. 29 April 2010. By Justin Brown.
The Mine Health and Safety Amendment Act, which has been law for almost a year, will hopefully tighten the screws on an industry that has a track record of poor health and safety going back decades. No one has been penalised in terms of the act as the Department of Mineral Resources is still to gazette new administrative fine guidelines before this can happen. The amendment makes industry chief executives and their managers criminally liable if found guilty of causing serious injuries or deaths. It is good that chief executives and their managers were targeted by the law, as they have significant power in determining the emphasis placed on safety. However, given the weak state of the South African justice system the amendment is unlikely to have much teeth. The poor track record of both the Department of Mineral Resources and the Justice Department in securing court rulings related to health and safety cases is evident by the fact that in the past eight years only one company was found to be negligent - Northam Platinum. The Northam case relates to the death of nine mineworkers at its Northam mine in Limpopo in September 2004 after they breathed in noxious gases produced by an underground fire. In July 2006, a Thabazimbi magistrate ruled that Northam's negligence had contributed to the deaths. However, no prosecution of the company or its officials followed from that judgment. Since January 2002, there has been no other finding of negligence, despite the fact that more than 1 800 people have died in the mining industry, including 165 workers who died last year and 171 deaths in 2008. The Department of Justice really needs to devote more resources to ensure that where there is negligence that results in deaths then the person or people responsible are jailed or fined. Maybe the best way to implement health and safety laws in South Africa would be to have a body that oversees all industrial health and safety laws and regulations covering dangerous industries. This body could focus on health and safety, including prosecutions, and leave the Department of Justice to focus on other civil and criminal matters. Only when people are jailed will the Mine Health and Safety Amendment Act be taken seriously. Another element of the amendment is that mines that are found not to comply with health and safety laws will be fined R1 million, up from a fine of R200 000 previously. There is also the option for the officials concerned to face five years of imprisonment. For major mining companies a fine of R1m is small change. A better way to determine a fine should be as a percentage of a mining revenue. These penalties compare with the fine handed down by the US Occupational Safety and Health Administration (Osha) in October of $87m (R643m) - an Osha record - to BP for failing to correct safety hazards after a 2005 explosion killed 15 people at its Texas City refinery. A fine of R643m would certainly be a major deterrent for any local mining house. Tougher fines would make shareholders sit up and that will result in pressure being placed on executives and managers. Already, mining companies are losing production because of safety shutdowns - onerous fines will add to the pressure for local mines to achieve zero harm. More needs to be done to ensure that existing mining law and regulations are properly implemented. Only then will South African mines, managers and shareholders take mine safety and the lives of their employees seriously.
Mine deaths down: union. The Times. 28 April 2010.
Mine deaths have shown a downward curve, but safety technology is still deficient, the union Solidarity said. Although mine deaths in South Africa are showing a downward curve, mine safety technology is still deficient and leaves room for improvement,” Paul Mardon, the union’s head of occupational health and safety, said in a statement commemorating the International Labour Organisation’s World Day for Safety and Health at Work. “All stakeholders in the mining industry worked together to create a safer environment and the decrease in mine deaths over the past year shows that these contributions are paying off.” Mardon said that in 2007, some 221 miners—more than four workers per week, died on South African mines. By 2009 this figure decreased to 165 -- three workers per week. “In the first 16 weeks of the year alone, 29 workers died on local mines, which comes to approximately 1.8 deaths per week. “This figure is relatively low and looks promising if projections are made. “The first third of the year has passed and it appears that deaths are on the decrease. However, one death is still one death too many.” Mardon said although obstacles such as the extreme depth of some South African mines increased danger, a lot could be done to improve technology aimed at preventing mining accidents. “Technology that is currently used to measure underground seismic activity, for example, can monitor movement in rock to a thousandth of a millimetre, but is still not accurate enough. “In spite of this technology, the time and location of a rockfall still cannot be predicted with complete accuracy.”
Mom gets R180 000 after son electrocuted. Cape Argus. 28 April 2010.
Eight years after her son was electrocuted at Killarney race track, a Pretoria mother has reached a settlement with the race track owners for R180 000 in damages - a significant departure from her earlier damages claim of R2.6 million in the Western Cape High Court. Nathaniel Tremayne Burgher, 12, died in May 2002, allegedly after touching a traffic control boom at the race track that made contact with an 11 kilovolt electricity line. His mother, Elaine Burgher, claimed in court papers that Denis Joubert, Western Province Racing Club chairman, Frank Creese, who was the chairman of the club's carting sub-committee, and sub-committee member Mark de Nobrega had acted unlawfully and negligently in allowing the boom to be erected in a way that enabled it to make contact with the electrical surge. Burgher claimed the erection of the boom was in violation of the minimum safety clearance provided for in the Occupational Health and Safety Act and exposed the public to a hazard. She also claimed that a health and safety officer should have been present at the race track and the local authority's approval should have been obtained before the boom was erected. Burgher said she suffered from emotional shock, stress, grief, depression and anxiety, and was unable to work as a result of her son's death. She claimed R8 700 for medical and funeral expenses for her son, future medical expenses of R260 000 for herself, related to long-term counselling, R850 000 in general damages related to her shock and grief and R1.5m in past and future loss of income, as calculated by an actuary. The total claim came to about R2.6m. In their plea filed in 2005, Joubert, Creese and De Nobrega denied all allegations that the boy had died because of negligence on their part or that they were liable to pay any damages. They said the boom had been installed by a contractor appointed under the authority of the Western Province Racing Club's carting sub-committee. The racing club runs the Killarney race track. Nathaniel's uncle, Douglas Lowry, who had taken him and four friends to the race track, spoke to the press in 2002. He had said the children were playing near the boom when Nathaniel touched it and yelled that he had been shocked. Moments later he died. Creese at the time described the incident as a "freak accident". He was quoted as saying: "We're not sure what happened and we'll have to wait for the police report. However, we would not have something at the track which we considered to be dangerous." Burgher lived in Table View at the time.
2 killed in Rovos Rail derailment. 21 April 2010.
Two people and a stillborn baby died when a luxury Rovos Rail train derailed in Pretoria on Wednesday, say paramedics. “We currently have five people that have been critically injured, nine have serious injuries and 35 have sustained minor injuries,” Netcare911 spokesperson Chris Botha told News24. Botha said amongst those who have died were two women and a baby, who was born during the accident. Rovos Rail officials in Cape Told News24 they have had a number of calls as the train had originated from the city. Police declined to comment as they had not had all the information available. Two women, of whom one was pregnant, were killed when a luxury Rovos Rail train derailed near Pretoria on Wednesday, a spokesperson for ER24 said. Werner Vermaak said a further five passengers were critically injured, nine sustained serious injuries and 35 sustained minor injuries. Vermaak said one of the critically injured had to be airlifted to the Eugene Marais hospital in Pretoria. Emergency services were still on the scene.
Paarl print probe resumes. 11 April 2010.
The second round of the public hearings into the incident which killed 13 employees at Paarl Print on 17 April 2009, leaving scores of other employees injured will resume on Monday, 12 until Friday, 16 April 2010. The first round of hearings which was held from 1 – 12 March was not sufficient to get to the bottom of the case, according to the presiding officer, Tibor Szana. Szana added that during the first hearings, new names which were not part of the initial witness list kept on coming up and the Department had to subpoena these individuals to appear before this upcoming enquiry. “This will enable us to test all the facts and evidence at our disposal so as to make informed recommendations to the National Director of Public Prosecutions”. Szana said. The first leg of this inquiry saw fire forensic experts, building engineers and architects giving evidence from how the fire started to how the building was designed. Current and ex-employees of Paarl Print also had an opportunity to explain what exactly happened on the day of the fire. This public hearing is held in terms of Section 32 of the Occupational Health and Safety Act: 85 of 1993 and all interested parties are welcome.
Group 'may sue over Paarl fire'. 14 April 2010.
On Saturday, it will be exactly a year since the fire, which started in the mezzanine-level kitchen, quickly spun out of control, gutted the building and killed 13 people. The heat generated by the burning polystyrene was so intense that bales of paper combusted. The fire spread rapidly across the roof and through the building. It emerged yesterday that the kulite had not been installed correctly. Union lawyer Richard Spoor said there was a secret to installing kulite so that during a fire the polystyrene would heat up and drop down. However, it had been installed incorrectly in the factory. The boards had been placed on intermediate purlins and had been pinned between the roof and the purlins to form a suspended ceiling. The kulite quickly caught alight and released harmful gasses instead of just melting and dropping to the floor as it was meant to do. This week the department of labour began a second round of hearings into what caused the fire. During the first round, it emerged that fire extinguishers had not been working, emergency doors had been locked and fire detectors had been disabled. The company had also, without the approval of the municipality, built a canteen on the mezzanine level. Yesterday it emerged that independent testing company Firelab had been asked by both Paarl Print and the company which had sold Paarl Print the kulite, Sagex, to test the product - but both companies had received different conclusions. Sagex, a subsidiary of French company Saint-Gobain, was told that the product was safe and could be used in schools and factories. But Paarl Print was told it was highly dangerous and kulite was responsible for the rapid spread of the fire. Union lawyer Richard Spoor put it to Sagex sales consultant Trevor Henwick that it was strange the same company had produced two reports. Henwick pointed out that the Council for Scientific and Industrial Research (CSIR) had tested the product in 1988 and had found it safe to use. However, Spoor said there were a number of anomalies: the product tested by the CSIR was not the same, he said, pointing out that the different sizes meant heat would react differently. Henwick conceded that a year after the fire, Sagex had still not amended its marketing material to inform their clients of the potential risks associated with installing kulite incorrectly.
Former Managing Director under pressure at inquiry. Cape Argus.
The former managing director of Paarl Print has admitted that he knew 12 of the 200 smoke detectors at the company’s factory were faulty. Mike Ehret was testifying at a Department of Labour inquiry into the fire at Paarl Print that also killed 13 workers. He insists he had given the instruction for them to be replaced before a fire razed the building in April last year. Armed response company ADT warned Paarl Post that 12 of the fire detectors were not operational and the factory was at risk if a fire were to break out in that pre-production area. The system was not functional following a previous fire at Paarl Print in December 2008. Ehret was put under pressure by Cosatu-appointed human rights lawyer Richard Spoor during Monday’s leg of the inquiry. The former MD, who is now an executive director at the Paarl Media Group, said a risk assessment of Paarl Print’s storeroom did not identify fire as a possibility there even though it was not fire-proofed. Under intense questioning from Spoor, Ehret acknowledged that he was not in position to assess the competency of a consultant, hired by the company to oversee the health and safety portfolio or to sign off on the November 2008 risk assessment of the storeroom. “The only risk identified is the operation of a guillotine; fire was not identified as a risk even though building regulations have special requirements for stores because of the risk of fires in stores. It has to be fireproof,” Spoor said. His line of questioning was aimed at proving that the person who undertook the assessment was not competent and had not possessed the requisite knowledge - but that Ehret had signed off on the assessment. Spoor also questioned why there were three people responsible for health and safety and why he had not formally, in writing, delegated the portfolio as required by law. Spoor put it to him that without a written delegation, factory manager Frans Rossouw and his subordinate Neil van Niekerk had overlapping health and safety responsibilities which would make it difficult to determine who shouldered responsibility when things went wrong. Spoor said it was not clear who took responsibility for the smoke ventilation system, the lack of a sprinkler system and fire regulation compliance. Long silences greeted a number of Spoor’s questions as to how competent Rossouw and Van Niekerk were to shoulder the responsibility of health and safety, with Ehret eventually either answering that the two were competent or that he relied on them to provide him with information. During the first part of the hearing, held at the Boland Cricket Stadium in Paarl last month, it emerged that the alarm system had been switched off days before the devastating fire. Evidence was also led that there were no sprinklers installed even though these had featured on the plans submitted to the municipality. Yesterday it also emerged that a number of documents which could have assisted in the inquiry had been destroyed in the blaze.
Consumer Protection Act puts liability for damage on supplier's shoulders. 7 April 2010. By Claire McGee
THE NEW Consumer Protection Act of 2008, which is expected to come into full operation in October, introduces drastic remedies for consumers who suffer death, injury or illness, or the loss of, or physical damage to movable or immovable property as a result of having been supplied unsafe or defective goods. Section 61 of the act also deals with consumers who are given inadequate warnings or instructions regarding hazards that may arise from using the goods supplied. Once the act comes into effect on October 24, a consumer will be entitled to claim compensation for harm suffered in respect of any defective goods supplied to the consumer since April 24. The inadequate protection offered by current consumer rights legislation will be repealed and replaced by the act, which contains a plethora of consumer rights aimed at protecting consumers from having to agree to unfair contract terms when purchasing goods or services. This article deals only with the product liability provisions contained in section 61. All manufacturers and suppliers of the goods which have caused harm to consumers in the manner specified in the section, are jointly and severally liable for that harm, as well as for any economic loss which a consumer may suffer indirectly as a result of that harm. Section 61 applies to all goods that are supplied to a consumer, even if the supplier is exempt from complying with the provisions of the act. Therefore, to claim compensation, a consumer need only prove that the supplier supplied the goods to the consumer and the consumer suffered harm as a result of using the goods. This is commonly referred to as "no fault liability" because the consumer does not have to prove negligence on the part of the supplier. Any party in the supply chain is open to a product liability claim by the consumer due to liability being joint and several. Among other things, if the supplier can prove that the defect did not exist in the goods at the time they were supplied by that supplier to another supplier, or that it would be unreasonable to expect the supplier to have discovered the defect considering the supplier's role in supplying the goods, the supplier may escape or minimise its liability under section 61. A consumer's claim under section 61 prescribes within three years after the harm is suffered or discovered, or three years after the latest date on which the consumer suffers economic loss as a result of such harm. If a consumer suffers a loss of income which continues for an indefinite period, the claim may never prescribe. Since liability will effectively arise from April 24, we strongly recommend that suppliers of goods take immediate action to assess their risk and implement preventative measures to minimise their liability under the act from that date. In particular, suppliers should ensure that their insurance cover provides sufficient cover for product liability claims. It is anticipated that such cover will come at a substantial cost to the supplier. It is quite likely that such costs will be passed on to the consumer in the form of higher prices. When the act is fully operational, suppliers of goods and services will not be permitted to contract with consumers on terms which have the purpose, or effect, of depriving consumers of any of the consumer rights contained in the act. This means that suppliers will no longer be able to contract out of, or contractually limit their product liability as in the past. Claire McGee is an associate partner of Shepstone & Wylie Attorneys.
While the Consumer Protection Act will provide for compensation to persons for injury, ill-health, death or damage, Section 22 of the OHS Act can be used for criminal prosectuion where persons die, beome ill or are injured. RHL.
OHS Act. Section 22. Sale of certain articles prohibited.
Subject to the provisions of section 10(4), if any requirement (including any health and safety standard) in respect of any article, substance, plant, machinery or health and safety equipment or for the use or application thereof has been prescribed, no person shall sell or market in any manner whatsoever such article, substance, plant, machinery or health and safety equipment unless it complies with that requirement.
Mynwerker kry geen spesiale vergoeding oor beroepsiekte. 7 April 2010.
Vyf regters van die appèlhof het eenparig beslis dat myntering wat mynwerkers opdoen ’n beroepsiekte is en lyers daaraan op geen spesiale vergoeding geregtig is nie. Mnr. Thembekile Mankayi het ’n eis van R2,6 miljoen teen die mynmaatskappy Anglogold Ashanti ingestel, maar sal nou tevrede moet wees met R16 320 wat hy van die departement van arbeid ontvang het omdat hy aan ’n beroepsverwante siekte ly. Hy het beweer hy het 16 jaar lank ondergronds in myne van die maatskappy gewerk. Weens onvoldoende maatreëls om onder meer stofdeeltjies soos silikoonstof ondergronds te beheer, het hy myntering opgedoen. Hy het ook gasse ingeasem, beweer hy. Hy het in sy hofstukke aangevoer hy het as gevolg daarvan ’n verkorte lewensverwagting, verduur ernstige fisieke en geestelike pyn en kan nie werk nie, hetsy in ’n myn of elders. Anglogold Ashanti het eksepsie teen die eis aangeteken en aangevoer Mankayi was ’n “werker”, die maatskappy is ’n “werkgewer” en dat Mankayi dus net op vergoeding ingevolge die Wet op Vergoeding vir Beroepsbeserings en -siektes (Coida) en die Wet op Beroepsiektes in Myne (Odimwa) geregtig is. Appèlregters L. Harms, T. Cloete, J. Heher, E. Malan en F. Leach het eenparig beslis art. 35(1) van Coida bepaal uitdruklik dat geen “werker” wat aan ’n beroepsiekte ly enige eis teen sy werkgewer mag instel nie. Omdat Mankayi ’n “werker” is vir die doeleindes van Coida, moet hy tevrede wees met vergoeding van R16 320 pleks van R2,6 miljoen.
Safety of 2010 stadium's sky car under scrutiny. 23 March 2010.
Breakdowns spark investigation of ride's compliance with Health, Safety Act. The Moses Mabhida Stadium sky car, created to set Durban apart from other World Cup stadiums, is making a name for itself - for all the wrong reasons. Department of labour inspectors will visit the stadium to "take a look at the overall working of the sky car". Provincial departmental spokes-man Jay Anand told The Times that inspectors have been instructed to determine if the sky car is safe and if it is operated in compliance with the requirements of the Occupational Health and Safety Act. The investigation comes after reports that sky car staff are not trained in the management of crisis situations. A week ago a 63-year-old woman collapsed while trying to walk down the 550 steps to the ground after the sky car broke down. Another man, also desperate to get off the stadium's arch, was forced to carry his baby down the steep steps - also known as the Adventure Walk. The sky car has broken down several times in the past four months. However, after each incident, the city has given the assurance that it will never happen again and that visitors are perfectly safe. Anand said the inspectors will pay special attention to disclaimers on signage at the entrance of the ride. Visitors are warned that they use the sky car at their own risk and that the city will not be liable for damages, injuries or loss. "The venue must take some responsibility for safety procedures. This will be looked at and the department will issue its findings as soon as the inspection is over," Anand said. The sky car, which carries visitors to a platform at the top of the gleaming white arch, was built to generate revenue to pay for the R3.1-billion stadium. The arch also boasts an adventure walk and a bungee swing. Despite the impending inspection and questions about safety, the sky car was in operation yesterday. Durban's city manager, Mike Sutcliffe, was unavailable for comment.
Turnabout on labour broking. 29 March 2010.
Cosatu is, after all, prepared to accept labour broking if new regulations for the sector are made "watertight". Cosatu won't indiscriminately shoot down alternative plans, declared Zwelinzima Vavi, general secretary of the union, on Friday. Upon invitation he addressed the labour brokers' employer organisation Capes without once harping on the union's demand for a total ban on labour broking. Cosatu would fight to get the best possible legislation through parliament and then use this legislation to the full, he said. Earlier this month Cosatu promised to call out a countrywide strike in 2010 to demand the prohibition of labour broking - with a second possible strike to protest Eskom's tariff hikes. In recent months, though, a labour-broking ban has seemed increasingly unlikely. Namibia's ground-breaking ban on broking, which Cosatu had wanted to emulate, came to nought in December following a judgment in the appeal court of South Africa's neighbour. The landmark decision declared the ban unconstitutional for reasons that would probably also obtain in South African courts. Despite regular hot-headed pronouncements against labour brokers, Labour Minister Membathisi Mdladlana also preferred to propose regulations in official policy documents. The ANC has never officially expressed support for a ban. On the contrary, in his State of the Nation speech this year President Jacob Zuma promised a R1 bn fund to establish loan subsidies. Cosatu slammed the planned subsidy as a "threat" to create a third, even more subservient, category of workers in practice. In his speech Vavi blamed labour brokers for workers' declining participation in national earnings. Ever since the end of apartheid wages, as part of overall national earnings, have fallen from more than 56% to about 47%. Research by the Labour Research Service in Cape Town shows that real wages in South Africa have declined 17% since 2005. Apart from "massive" unemployment, the country is also suffering from an increasing number of poor workers - which is attributable to the circumvention of labour laws, said Vavi. In Cosatu's view labour broking is one of the main drivers of this process. It creates contractual relationships with little security and weak wage and service conditions. According to Vavi, statistics on labour broking clearly indicate the industry flourished only after the Labour Relations Act was ratified in 1995. It was difficult, he said, to ignore this obvious catalyst, with employers seeking alternative contractual arrangements to circumvent the new legislation. Laws written on paper are all well and good, but in reality we are far from applying all the laws and from changing workers' lives, Vavi continued. Cosatu accepts that employers frequently need to appoint temporary staff for valid reasons. Vavi pointed out that the sector was regulated as a temporary employment sector", while contract workers often worked permanently for their employer's clients. Meanwhile, Philip de Bruin reports that the Labour Court has prohibited one of the most important standard provisions contained in contracts that labour brokers enter into with workers. This provision states that a labour broker can remove any worker supplied to an employer from that employer's premises should the employer request it. Faan Coetzee, a director and labour expert at the firm of Cliffe Dekker Hofmeyr in Sandton, says this Labour Court decision will have "far-reaching consequences". The Labour Court found that this clause in a contract - especially if it results in the worker losing his job with the broker - is contrary to public policy and amounts to unfair violation of the worker's right to fair labour practice in terms of the Labour Relations Act. In the case before the court the employer concerned asked the labour broker, INTCS Corporate Solutions, to remove the worker, Simon Nape, from its premises. INTCS subjected Nape to a disciplinary hearing, gave him a final written warning and sent him back to the employer. But the employer refused to take him back. As INTCS had no other work for Nape, he was dismissed. The Labour Court found that Nape's dismissal had been substantially unfair.
Paarl Print fire probe extended. 16 March 2010.
Public hearings into the Paarl Print fire that killed 13 people are to be extended because the Labour Department says it has "not got to the bottom of the story". After two weeks of listening to harrowing accounts about the fire, the victims' relatives now have to wait to find out if anyone will be held accountable for the blaze. Hearings were temporarily adjourned on Friday and will resume from April 12 until April 16. The probe included the reading of witness statements, input from technicians and Paarl Print workers and video footage taken on the day of the fire. Labour Department spokes-man Temba Gubula said investigators would have to use the information revealed at the hearings "to get to the bottom of what actually happened". "If anyone is found to be liable, he or she will be dealt with according to the law," he said. Jonathan Peters, whose father Eric, 59, was killed in the fire, said his family did not mind waiting to find out what the result of the probe would be. He had often attended the formal investigation but said it had not brought him any sort of closure. "The investigation was just a matter of collecting information... We are now waiting for what comes next and to find out what gets done... We were strong enough to handle this, so my family is okay," he said. During the probe other families broke down when witness statements about the fire were read out. Some had to leave the venue for a few minutes to calm down. A number of employee statements read out during the first few days of the probe said that on the day of the blaze they had heard no alarm going off, and that they had not recently done any fire drills. Initial investigations have shown the fire may have started in a canteen chip fryer.
Paarl Print: Brandondersoek raak ál warmer. 14 Maart 2010.
Wolwefluite en ’n streng vermaning aan ’n getuie om “asseblief saam te werk” het Vrydag se ondersoek na die brand by die Paarl Print-aanleg in die Paarl gekenmerk. Dié eerste sessie van die openbare ondersoek na die brand wat dié aanleg in April verlede jaar in puin gelê en die dood van 13 werknemers veroorsaak het, is Vrydag deur veral familie van die slagoffers bygewoon. Die tweede sessie begin op 12 April. Vrydag was mnr. Tibor Szana, die voorsitter van die ondersoek, duidelik keelvol vir die verduidelikings wat mnr. Bernard Frey, die argitek-tekenaar van die aanleg, in sy getuienis voorgehou het. Frey het telkemale die vrae beantwoord met: “Ek kan nie onthou nie”; of: “Dit was nie in my mandaat nie”. “Ek wil jou vra om asseblief saam met ons te werk sodat ons tot die kern van die saak kan deurdring,” het Szana gesê. Dít het luide reaksie van die gehoor ontlok. Onklaar getuienis is deurentyd met wolwefluite begroet. Frey het onder meer getuig dat bouwerk aan die aanleg begin is voordat alle planne goedgekeur is. Die oorspronklik goedgekeurde planne is glo aangepas en ’n tussenverdieping ingevoeg waar die brand vermoedelik ontstaan het. Gebrekkige sproeierstelsels, brandalarms en rookverklikkers is van die kernpunte wat tans ondersoek word. Volgens kenners het die brand waarskynlik in die kafeteria se kombuis ontstaan.
Labour broking bill on hold. 9 March 2010.
Labour Minister Membathisi Mdladlana on Tuesday said a draft bill on labour broking would be delayed until Parliament had made recommendations on whether it wanted to ban or regulate the practice. Labour spokesperson Mzobanzi Jikazana said the bill must be informed by the recommendations of Parliament's portfolio committee on labour which will meet again later this month. I don't know whether they want to ban or regulate it. They have to come out and adopt a position." The bill would have had to be tabled last week in order to be passed by spring. To become law before year's end, it would have to be tabled by mid July. Mdladlana had hoped to introduce amendments to current labour legislation by April. But the minister said on Tuesday that drafting a bill before the end of the parliamentary process on the subject, which included extensive public hearings, would make a mockery of the legislature's involvement. "No bill could be drafted or tabled before parliamentary processes on the matter are finalised" he said. Parliament has yet to finalise its decision on the matter. Drafting the bill before the finalisation of this process would be tantamount to making a fuss of the public hearings or making a mockery of our Parliament." The minister said another reason for the delay was the need to deal with the fact that "labour is not defined in any of our labour laws, and therefore it is a problem that has to be addressed". Mdladlana's statement came after the director general of labour Jimmy Manyi angered the committee last month by saying he had signed off on a new draft of the Labour Relations Act. MPs protested that this undermined the parliamentary process. Jikazana said a recommendation could emerge from the committee at its next full sitting on March 23. On Tuesday, a subcommittee was formed to draft recommendations to the labour department on amending the Labour Relations Act and the Basic Conditions of Employment Act to deal with the issue. Democratic Alliance MP Ian Ollis said it was striking that in Tuesday's meeting ANC members of the committee had completely dropped references to a total ban on labour broking, and were instead talking about regulation. "There is a coming together of the warring parties." Trade unions called for a total ban of labour broking, which generates temporary work for some half-a-million people every year, but is seen as leading to wide-scale exploitation. Business and the opposition have called for greater regulation of the practice instead to curb abuses.
Predictable. After all the hysteria this will be an anti-climax.
Witnesses tell of Paarl fire. 9 March 2010.
The Department of Labour's public inquiry into the Paarl Print fire on April 17 2009, in which 13 people died, heard accounts of a silent fire alarm, fire hoses and fire training on Monday. Several employees testified that they'd heard no fire alarms after the fire started at about 08:00. Maria Cecils did however hear a fire alarm in a corridor. Alie Meniers saw how Darryl Versfeld broke the glass cover of a fire alarm and pressed it down. "But I heard nothing". Jacques Moelich, Timothy Erasmus, Ricardo Adams and Christopher Ockhuis testified how they tried to use a fire hose but that not enough water came out. Ockhuis admitted that he didn't roll out the fire hose completely. "There wasn't enough time. Richard Spoor, Ceppwawu union lawyer as well as representative of the victims' families, asked several witnesses if they had had any training for emergency situations. Few of them said yes. David Engelbrecht did a firefighting course at the fire department but it helped very little during the fire. "Everything is so confusing, you don't think straight." There was contradictory testimony about fire evacuation exercises. Some witnesses had never taken part in one. Meniers described the single exercise in his six years at Paarl Print by saying: "They tell you there is a fire drill, then you walk out." Experts believe the fire probably started in the cafeteria's kitchen after oil in the chips fryer caught fire and it spread to the roof's insulation.
Labour inspector starts probe into Paarl Print blaze. By SLINDILE KHANYILE. 8 March 2010.
THE DEPARTMENT of Labour had begun its inquiry into the circumstances that led to a fire that killed 13 people and injured six at the Paarl Print factory in Cape Town in April last year, chief inspector Thobile Lamati said last week. The inquiry will continue until Friday. Lamati said the department wanted to establish the cause of the fire and what could be done to prevent similar incidents. "We are looking at what we can learn from this incident so that we can ensure that printing factories don't experience this," Lamati said. He would not say if negligence was suspected because he did not want to pre-empt the findings of the inquiry. The Department of Labour will put together a report to advise if there has been any contravention of the law. According to Paarl Print's investigation, the fire was believed to have originated in the canteen on the mezzanine floor of the bindery. The company said the blaze was probably caused by the auto-ignition of cooking oil in an old fryer. It added that the reason for the extremely rapid, uncontrollable and unique spread of the fire through the facility was as a result of the thermal under-roof insulation material. Paarl Print is a subsidiary of the Paarl Media Group. The plant is eset to resume production in July. Lamati said safety concerns arose from a sister plant that caught fire a year or two ago. The company said a previous fire occurred in the paper store on the same premises in 1998. Meanwhile, Lamati said that the Assmang inquiry into manganese poisoning cases at its Cato Ridge plant would resume next month. The hearings began three years ago when it was suspected that at least 50 workers were suffering from high levels of manganese poisoning.
Flat fire warnings ignored – report. News24 of 1 March 2010. By Cobus Claassen
Pretoria - The Kruger Park block of flats in the Pretoria CBD, where a fire claimed five lives on July 22 2008, had no firefighting equipment, fire extinguishers or water on the day of the blaze.The so-called Mosoma report by the Tshwane metro council, which was leaked to Beeld on Friday, also showed that the council was warned about a fire hazard in that block as well as the adjacent Schubart Park block two years prior to the blaze. These two blocks also posed a biohazard due to poor management and incidents of rage over the planned eviction of payment defaulters from Schubart Park, according to the report. The fire was started in the Kruger Park block when the eviction at Schubart Park went badly wrong on July 22 2008. Sheila Zvorufura, 30, Adeola Nosa Osunde, 19, Fadekemi Olusanya, Zakhele Mkansi, 21, and three-month-old Tomi Olusanya died in the fire. According to the report, the municipality's fire department had indicated in November 2006 that "something must be done before Tshwane is confronted with a catastrophic incident which would damage its image and claim human lives". At the time of the fire, there were no fire extinguishers, water or equipment available with which to extinguish the blaze. The report also states that the emergency exits, fire alarm and emergency lights were unserviceable. The metro council had earlier appointed an independent committee, under the leadership of David Mosoma of Unisa, to investigate the incident. The Mosoma committee found that the Tshwane metro council should have been better prepared on that day, particularly because there had been a great amount of resistance from residents after the municipality announced that it would renovate the two blocks. This would have meant residents had to find other accommodation. Furthermore, the communication between the angry residents and the metro council's controversial housing entity, the Housing Company Tshwane (HCT), had been "inadequate" in the period leading up to the tragedy. The report said the metro council had tried in vain to manage the properties effectively since 1998, when the flats were transferred from the Gauteng provincial government to Tshwane. The metro council and the HCT were caught off guard by the blaze. "There was no risk management plan in place and it was a huge mistake not to have a police presence at Kruger Park [on the day of the fire]," states the report. The committee says Tshwane should have been prepared for this kind of incident because, before the planned evictions, the angry residents had protested, thrown petrol bombs and poured oil on the stairs to prevent the sheriff from effecting the evictions. "There was a lack of decision making about how to handle defaulters and manage the blocks of flats. "The consequence of this was that they became dangerous and life-threatening," the report says. It was also found that "criminal elements" were living in the flats and that vandalism was rife, while political interference in the building's management was also a problem.
JOHANNESBURG (miningweekly.com) - The Supreme Court of Appeal in Bloemfontein will hear an argument on Thursday, in the appeal of a sick Eastern Cape miner who is suing South African gold major AngloGold Ashanti for R2,6-million. Former miner Thembekile Mankayi alleged that he contracted different irreversible lung diseases as a mineworker while working for the mining group over 16 years, which was caused by AngloGold's wrongful and negligent acts or omissions. In 2008, Gauteng South High Court Judge Meyer Joffe found in favour of AngloGold Ashanti, where after Mankayi successfully applied for an appeal. Mankayi's lawyer, Richard Spoor, said the matter focused on the right of former mineworkers who have contracted occupational lung diseases to sue their employers on grounds of negligence. In 2008, the High Court held hearings in which the relationship between the Occupational Diseases in Mines and Works Act (Odimwa) and Compensation for Occupational Injuries and Diseases Act (Coida) were in dispute. AngloGold and Mankayi's counsels had had differing interpretations of section 35 of Coida and whether or not mineworkers who had contracted occupational lung diseases, such as silicosis, were barred from suing their employers. Mankayi's counsel had argued in the High Court that their interpretation of the Act would allow him to claim for enhanced compensation, including future loss of earnings, and future medical cost coverage, as he was compensated under an entirely different Act, Odimwa. In opposition, AngloGold Ashanti's counsel had said that the two pieces of legislation had been intended to be read together. Spoor told Mining Weekly Online on Wednesday that it was important to note that the benefits under Odimwa, had not increased since 1994, and that the value of the compensation was now about 20% of what it was in 1994. The Odimwa, which was administered by the Department of Health, provided benefits that were substantially inferior to those provided by the Coida. Spoor said that the appeal would centre on the proper interpretation of the prohibition (section 35) of Coida. "It was already proposed in 1998 that Coid and the Odimwa should be brought in-line with each other, however, to date, this has not been done, largely owing to disagreements between the mining industry and government on who is going to carry the economics of the proposal and appropriate compensation for these workers." Spoor pointed out that when an industrial worker contracted silicoses he or she would receive substantial compensation under the Coida. "However, if you are a mineworker, the court's former ruling basically said ‘toughies'. Our argument is that the court should understand the history of South Africa and that mineworkers have always been treated separately and worse than industrial workers when it comes to the interpretation of the law. Currently, mine corporations are basically saying ‘who cares', workers who contracted lung diseases must go to the compensation commission and get their 5c worth." Spoor said that should Mankayi win his case, it would mean that big corporation "would need to account for the harm that they cause their workers"." He said Mankayi was hoping for a ruling that would confirm the right of former mineworkers to sue their employers' as the implications of a successful appeal would be important.
Sick miner to challenge'pittance' in Appeal Court. Mining industry abuzz as AngloGold faces R2.7m claim for worker's ruined health. The Sunday Times. 28 February 2010.
By Rob Rose
A miner suffering with silicosis and paid only R16320 to disappear will challenge AngloGold Ashanti in the Supreme Court of Appeal on Thursday in a high-stakes case for the mining industry. Thembekile Mankayi, who worked for AngloGold for 16 years between 1979 and 1995, was booted out "as a result of his medical condition". That medical condition, first diagnosed as tuberculosis in 1993 while silicosis and "obstructive airways disease" were added later, came from working in AngloGold's mines. Lawyer Richard Spoor, a long-time nemesis of the Anglo American group, said "exposure to harmful silica dust and gases (in AngloGold mines) caused or materially contributed to the fact that he developed tuberculosis, obstructive-airways disease and silicosis". Mankayi, who has only ever worked as a miner or manual labourer, has only a Standard 5 education. Spoor argues that because of his illness, he is disabled and will in all likelihood "remain unemployed for the rest of his life". He has been claiming an extra R2.7-million in damages from AngloGold, but he was thwarted in the High Court in Johannesburg in June 2008 on a technical legal point. Now, he is appealing the case to the Supreme Court of Appeal in Bloemfontein, which will be heard this week. AngloGold is arguing that Section 35 of the Compensation for Occupational Injuries and Diseases Act effectively takes away an employee's common-law right to sue his employer for damages. But the outcome of Thursday's Supreme Court hearing could result in a swing of many millions of rands in the profit statements of big mining companies. In its heads of argument prepared for next week's case, AngloGold said if Mankayi was right, then it would "result in a very substantial increase in liability for mine owners". AngloGold said it could lead "to the premature closure of more marginal mines and thus leading to hardship on the part of employees". Spoor, something of a scourge of the mining industry, is no stranger to precedent-setting legal cases. In 2003, he spearheaded litigation that resulted in Gencor agreeing to pay compensation of R490-million to victims of asbestos-related diseases. Much of next week's argument will hinge on a complicated but important legal point, highlighting the schizophrenic legal regime for people who contract diseases at work. Mankayi got a meagre R16320 from a compensation fund to which mines contribute in terms of the Occupational Diseases in Mines and Works Act (Odimwa), which regulates how mines deal with lung diseases. But while this law caps payments for lung disease in miners to R2000 a month (an amount not increased since 1993), other industrial workers can claim up to R13394 a month under the Compensation for Occupational Injuries and Diseases Act. Even though Mankayi was not compensated under this act, AngloGold argued successfully in the High Court that Section 35 of that law deprived him of his right to sue for damages. Spoor argues that if the decision stands, it discriminates against mineworkers - the very people who are most at risk of getting lung diseases at work. He argues that it would be particularly "harsh" on mineworkers like Mankayi, who have sacrificed their health and their lives for the mining industry only to be discarded with a tiny payout. Spoor said this week that this was a perverse incentive for the mining industry to avoid fixing anything. "As long as it is cheaper for the mining industry to continue compensating mineworkers than it is to take the steps to prevent disease, the industry will continue to cripple and maim mineworkers on an industrial scale," he said. But in its court papers, AngloGold countered that it would be "harsh to require of mines that they pay levies to a compensation fund, and yet receive no benefit in the form of statutory protection against (claims)". Other mining companies will be watching this week's case closely, partly because there are many such damages cases in the wings. Anglo American itself faces at least eight such claims and, in a letter to Mankayi's lawyers in May 2007, its lawyers said that a "decision in favour of (Mankayi) will therefore also be decisive as far as it concerns those eight matters". Mankayi's lawyers responded: "There are tens of thousands of ex-goldmine workers in the position of Mr Mankayi ... we confirm that we represent several hundred such workers and, depending on the outcome of this case, many new claims may be filed." Given the high stakes, the Supreme Court's decision is unlikely to be the end of the story. Spoor says Mankayi will approach the Constitutional Court if he fails in Bloemfontein, arguing that the current laws governing compensation payable to sick mineworkers is "discriminatory". Equally, AngloGold is likely to want to fight the case for an outcome favourable to it.
Die jare lange hofgeveg tussen die Tshwane-metroraad en een van sy senior ingenieurs, mnr. Adrianus Weyers, oor fluitjieblasery gaan in die konstitusionele hof voortgesit word. Hoofregter Sandile Ngcobo het gister opdrag gegee dat die raad en Weyers die 11 regters van die hof op 4 Mei toespreek oor die grondwetlikheid van die raad se tugondersoek teen Weyers. Weyers, ’n hoogs gekwalifiseerde elektriese ingenieur en besturende ingenieur van kragstelselbeheer in die munisipaliteit, is geskors nadat hy die departement van arbeid en die Suid-Afrikaanse Ingenieursraad (Ecsa) in kennis gestel het dat die metroraad swak gekwalifiseerde mense in die afdeling vir kragstelselbeheer wil aanstel. Volgens hofstukke het die raad die betrokke kandidate se toetsuitslae deur die bank met 10% verhoog. Die raad het Weyers daarvan beskuldig dat hy uitgepraat het oor interne raadsake. Hy is geskors en in kennis gestel ’n tugondersoek kom. Die hooggeregshof in Pretoria en die appèlhof het reeds bevind dat geen tugondersoek teen Weyers ingestel mag word nie omdat die inligting wat hy bekend gemaak het binne die raamwerk van die Wet op Beskermde Openbaarmakings val. Dié wet beskerm fluitjieblasers teen tugstappe deur hul werkgewers. Die metroraad het by Ngcobo aansoek om appèl gedoen. Dit is in dié aansoek dat Ngcobo gister opdrag gegee het vir die aanhoor van mondelinge betoë. Ngcobo het gelas dat albei partye se betoë tot een enkele vraag beperk word: Kom Weyers se “kommunikasie” na buite neer op ’n bekendmaking van inligting wat deur die Wet op Beskermde Openbaarmakings beskerm word?
Corporate Manslaughter fines to reach millions. The Times (UK).
Businesses convicted of the criminal offence of corporate manslaughter can be fined millions of pounds with a £500,000 minimum under final guidelines published yesterday. The Sentencing Guidelines Council (SGC), the body that sets sentencing bands for criminal offences, said fines “may be millions of pounds and should seldom be below £500,000” in its final guidance document. “The advice is clear – punitive and significant fines should be imposed both to deter and to reflect public concern at avoidable loss of life,” the SGC said. Corporate Manslaughter was introduced as a specific criminal offence in the Corporate Manslaughter Act 2007 which became law in 2008. When deciding on fines, judges should not be influenced by the impact on shareholders and directors, the SGC said but should consider the potential effects of innocent employees and the effect the fine may have on the provision of services to the public. Fines should be increased where is evidence that the business could have foreseen the accident and where breaches of rules were widespread in the organisation. For other health and safety offences that cause death, fines should begin at £100,000 and go into the “hundreds of thousands” the SGC said. Lord Justice Anthony Hughes, a Court of Appeal judge who sits on the SGC, said: “These are serious offences and the fines must be punitive and substantial and have an impact on the company or organisation.” The sentencing guidelines take effect from February 15 and will apply to all prosecutions that go before a court from that date. Tim Hill, health and safety partner at Eversheds, said: “The most significant change from the draft guidelines is that the sentencing guidelines will take effect from next Monday. “Unlike changes in legislation which are rarely retrospective and only apply to incidents which occur after a new Act or set of Regulations comes into force, as these guidelines apply only to sentencing then they will apply to all cases which appear before the Courts after February 15, even if the incident occurred a number of months or even years ago”. In almost all cases, businesses will also be forced to publish statements about their conviction for corporate manslaughter, including details of the offence and the fine. Raj Chada, a partner at Hodge Jones & Allen, said: “The SGC is being more prescriptive than in earlier draft guidelines about publicity orders. “It is signalling that a Judge should indicate the size and content of advertisements, highlighting the punishment. The negative publicity is deemed to be a deterrent in itself" Under the SGC's original proposed guidelines, fines might have been directly linked to the offending company’s turnover - a feature that has not survived into the final guidance. Henry Kirkup, a lawyer at Berrymans, Lace Mawer, welcomed this move saying turnover-linked fines in certain cases might be overly punitive and may also produce very different levels of fines for the same offence. Overall Mr Kirkup said that the wide discretion to be retained by judges was preferable. Mr Hill said: “In conjunction with the threat of up to two years in prison for individual directors, managers or employees for health and safety breaches, organisations should now be in no doubt that demonstrating a strong health and safety culture is as strategically vital as dealing with any other business risk. With the first corporate manslaughter prosecution due to commence in the next couple of weeks against Cotswold Geotechnical Limited. it will be very interesting to see how the Courts decide to implement the new guidelines in practice. "
One dead in PnP gas leak. 5 February 2010.
One person died in a gas leak at the Victory Park Pick n Pay in northern Johannesburg on Thursday, emergency services said. Spokesperson Nana Radebe said: "One person was found dead." He had been unaccounted for, but his body was later found. Radebe said he had been part of a consultancy team doing maintenance work underneath the shop. Nobody else was injured although a woman draped in a towel was seen being interviewed by police while employees covered the door's glass windows with posters for privacy. A Pick n Pay employee was posted at the door to inform shoppers of the shop's closure until Friday, while at least 20 policemen and emergency personnel were inside the supermarket. Two ambulances, a fire engine and police vehicles were parked outside, while chemical specialists walked through the doors wearing black and yellow protective gear. Radebe said the shop had been cordoned off, but residents of neighbouring houses should not worry, as there appeared to be no danger to them.
Mine safety regulation set to tighten in 2010. Mining Weekly. 5 February 2010.
Official statistics related to the deaths of mineworkers in South Africa have not been released, but sources indicate that the death toll has breached the 140 mark, an average of 11 deaths a month in 2009. While there has been significant improvement in mine safety in the past decade, the consensus is that one death is one too many. But the tide appears to be turning for the mining sector’s tarnished safety image, which is described as one of the world’s most unsafe working cultures. Under the leadership of Minister Susan Shabangu, the Department of Mineral Resources (DMR) aims to rectify this image and is determined that 2010 will be the year that government tightens regulation to enhance its vision of a fatality-free industry and to wash away the image of an industry benefiting from blood money. She previously said that government would be introducing much tougher obligations on industry and its stakeholders to cut the unacceptably high death rate, and on investors so that they value being part of a far greater focus on workplace occupational health and safety. DMR chief inspector of mines Thabo Gazi tells Mining Weekly that a review process of the mine health and safety regulations in under way. The review is part of an ongoing process of improving mine health and safety standards. “It is important that regulation sets minimum standard requirements. Clearer requirements remove ambiguity and assist all mine operators, employees and the regulator, in their efforts to implement the law,” he adds. Tightening up regulations also includes amendments to the Mine Health and Safety Act, which holds individuals and companies liable for the injury or death of workers. Gazi tells Mining Weekly that the amendments will be finalised early this year. “There is nothing outlandish or outrageous about these amendments as some have claimed. If you do not perform your duties in terms of health and safety, you will be held accountable. This is not unique to South Africa, hence, we do not understand the assertion that the amendment will scare investors – rather, it seeks to improve the system of accountability for health and safety at mines,” he asserts. National Union of Mineworkers general secretary Frans Baleni also says this amendment is not going to scare away potential investors, given that such laws are enforced in other parts of the world. “In the case of negligence, measures which do not necessarily exclude a prison term are appropriate. It is not necessarily the CEO who will be arrested and prosecuted, but it cuts across all employees who are found to have contributed to the death or the injury of a mine- worker,” he adds. “We believe that prevention is better than cure and we have worked very closely with government and labour to ensure that there is a fine balance between preventive and punitive measures in the amendment to the legislation,” Chamber of Mines (CoM) president Sipho Nkosi tells Mining Weekly. The DMR is working with a number of institutions to strengthen its health and safety monitoring and evaluation initiatives. The DMR is working on increasing the output of inspectors. It is also working through the Mine Health and Safety Council (MHSC), the Council for Scientific and Industrial Research and other research councils on a programme of research to deal with some of the pressing challenges on safety and health. There is an ongoing programme of research on falls of ground, seismicity, noise reduction and workplace exposures, including exposure dust and silica. Further, the DMR and the University of the Witwatersrand are developing modules for the training of inspectors. There is also a group of students, who have, for the past two years, been receiving training at the Gold Fields Academy aimed at providing exposure to the actual work environment. Baleni also points to the urgent need to improve the country’s technology, particularly for gold mines, where current technology records seismic activity, as opposed to early detection to allow enough time to remove workers from a work station. Statistics on the DMR website indicate that from 1990 to 1999 there were about 4 991 fatalities in the mining industry. For the period 2000 to 2008, there were about 2 173 fatalities, which indicates an improvement of about 50%. “Mining stakeholders in the MHSC have articulated a vision of zero harm and this vision has assisted us to set clear goals for the next few years. We are beginning to see the results in a number of areas. Over the last decade, we managed to reduce mine fatalities by over 50%. There are still many challenges, as levels of deaths and injuries in the industry are still undesirably high, and we will continue to work hard to build on the good work of the last few years,” says Gazi. Baleni attributes the improvement in mine safety in the last decade to the tightening of regulations, but says that this is still not enough. He believes that a vision of a fatality- free industry is a dream that can become reality. “At this stage, it looks like a mirage, but [it can be realised] if we can change behaviour and have a clear commitment, not only at the most senior levels, but at all levels. There are other countries out there that have been [fatality free] for many years,” he adds. Nkosi says that the target remains zero fatalities and injuries and that the CoM continues to work very closely with government and the unions to achieve this target. “Our vision of zero harm and fatalities has helped us set clear targets that require strong leadership in addressing occupational health and safety issues, as well as capacity and research. If we continue to pursue this, in line with our vision, it will turn into a reality,” asserts Gazi. South Africa is considered to have one of the most unsafe working cultures in mining globally. Gazi says that one needs to carefully interrogate these assertions. "There are mines that are not doing well, but it will not be accurate to say that the South African mining industry is the worst in the world. At the same time, there are pockets of excellence in our country, where miners are running operations at zero harm. So, painting the entire industry with the same brush is problematic." As a benchmark of the country's general attitude to safety, Baleni points to behaviour on the roads, for example, where an absolute disrespect for the law results in many accidents. "That translated in itself, and [considering] certain practices in the workplace, in mines and other industries, mean that something must be altered in terms of our behaviour and processes." But Nkosi points out that now is the time to deal with our safety challenges and achieve the aims set within the culture transformation framework.
Shabangu to cut wait for mining licences Skills, safety are focal areas . By Lucky Biyase and Asha Speckman
The minister of Mining, Susan Shabangu, said yesterday that the Department of Mineral Resources was committed to shortening the process of approving mining licences, a sentiment that was welcomed by major players in the industry. An overhaul of the administrative process to issue mining and prospecting rights was among the priorities for her department, she told the Mining Indaba in Cape Town. Other priorities were the tabling of a mineral beneficiation strategy in parliament, as well as dealing with health and safety at mines and the skills shortage. On the second day of the four-day indaba, Shabangu said the time to grant prospecting rights would be shortened to three months from the current six and mining rights would be processed within six months, instead of the usual 12 months. Xstrata spokesman Songezo Zibi said the issue had been under discussion for a long time with individual companies. The granting of mining and water rights at the same time was a good thing, he added. "Getting approval now will mean getting both mining and water rights, which will increase efficiency. In the past the process meant discussions with two departments." Iraj Abedian, an analyst at Pan African Resources, said the proposed changes would put South Africa on a par with the rest of the world, and even set an example. Abedian said it now took between two and three years to grant mining rights, causing South Africa to miss out on the recent growth experienced by mining sectors elsewhere. Riaan van der Merwe, the chief operating officer at Coal of Africa, said the announcement was heartening and his company would participate in the process and provide assistance where it could. Shabangu said the beneficiation strategy would be tabled in the cabinet during the first quarter. "The objective would be to use the strategic role of our mining sector to maximise both downstream and sidestream beneficiation opportunities with a view to ensure job creation and growth promotion," she said. Shabangu explained that South Africans should have easy access to commodities for downstream beneficiation. "We don't want a situation where (a company) says it is locked in a deal with Japan for 30 years. This is what we are avoiding." Administrative efficiency would also be addressed to create transparency and root out any prospect of corruption. The department would also amend the Mine Health and Safety Amendment Act to reduce the high levels of injuries, ill health and fatalities. A development plan offering bursaries and internal training would be implemented to address the severe shortage of mining engineers, technicians and inspectors, she added.
All eyes on labour broking outcome. The Star. By Theo Garrun
The outcome of the Nedlac process discussion of the proposed regulation of the temporary employment services (labour broking) industry is nearing completion and draft legislation is expected to emerge shortly. There has been a widespread call for the practice to be banned outright, and the example of Namibia, where legislation in 2008 effectively banned brokers, has been cited as a precedent. In light of this, it is interesting to note that the Supreme Court of Namibia has ruled, in a matter brought by Africa Personnel Services, that the banning of labour brokers is in fact unconstitutional. The Namibia Labour Act was amended to state that no person may, for reward, employ any person with a view to making that person available to a third party to perform work for the third party - effectively banning labour broking and many forms of outsourcing. John Botha, CEO of Capes, the confederation of organisations representing the labour broking industry in South Africa, says they believe a ban would be unconstitutional in this country too. "Our view is that the enforcement of regulation is a priority in order to ensure legally compliant and professional practice," he says. Among the pertinent points raised in the Namibian judgement are:
The appeal was based on the constitutional section stating: "All persons shall have the right to... practice any profession, or carry on any occupation, trade or business".
Labour hire (and therefore labour brokers) included a wide range of employment relationships and was driven by post-industrial economic forces and technological advances (inter alia) and as such the nature and structure of work had changed both globally and nationally.
The ILO's Private Employment Agencies Convention, 1997 (No 181) describes labour brokers as providing workers to clients where the clients assign and supervise the tasks and thus the Namibian Government's ban by virtue of the assignment of a worker to conduct work for a third party bans not only labour broking, but many forms of outsourcing (such as cleaning services and security guards), is too broad.
The Supreme Court took note that labour brokers provide both short-term contingency or project workers as well as long-term indefinite workers. Its view was that regulation should be passed to ensure rights in respect of duration, social security and benefits and the like. The Supreme Court suggested that regulation of labour brokers could look at similar provisions to those currently being implemented in the EU where matters of duration, benefits and equality are addressed. According to Botha, the South African Minister of Labour has said that he is keeping a keen eye on the Namibian developments and the parties at Nedlac have also referred to this matter. "We believe that the Nedlac process... is the best way forward. Any attempts to over-regulate and/ or any ineffective enforcement mechanism will not be acceptable to the staffing industry."
Blast search called off. 27 January 2010.
The search for more victims of a blast in a Telkom building in Yeoville on Wednesday morning has been called off, said Johannesburg emergency services. "It has been called off, it has been found there was no one under the rubble," said spokesperson Percy Morokane. "That was information (about a third person) we got from the eye witnesses but it was found to be false." Two people were injured in the "massive explosion". "It was a massive explosion, within a kilometre radius there were windows that have been blown and vehicles damaged," said Morokane. "It shook the whole ground." The explosion in the Telkom building happened after 08:00 on the corner of Hunter and Kenmere streets. It left a 5m by 15m hole in the ground. A manhole cover was blown about 500m away. The explosion happened above ground but "it's very much unclear what happened", said Morokane. "It is believed that there were two people in the nearby vicinity, one was a Telkom employee in a very critical condition, the other was a woman who is being treated for shock," he said. Both were taken to hospital. Morokane said emergency workers were leaving the scene and the investigation would be turned over to Telkom. "We are handing over the whole investigation to Telkom, they are calling their engineers to the scene," he said. The company said in a statement that the explosion was caused by a "municipal transformer". "A small segment of our voice, data and DSL customers in the Yeoville area are impacted. Sixty mobile links are also affected," read the statement. "Telkom is in the process of assessing the situation."
Casual workers to get law protection. The Star of 25 January 2010. 'Changes to labour laws to protect the rights of temporary workers would be effective before June, Department of Labour director-general Jimmy Manyi said on Friday. The drafting of new legislation to ensure that the practice of undermining temporary workers rights 'is completely stamped put' was far advanced. The department is drafting amendments to the Labour Relations Act, the Basic Conditions of Employment Act and the OHS Act'.
Mixing politics and safety. 26 November 2009.
IT's not the most comfortable position, but in the interests of duty and your reading pleasure, I'm writing this while sitting in my car, laptop plugged into the cigarette lighter via an inverter. An electrical pole on the street corner has been shooting fire for the past half hour; it's burnt right to the top. And as to the sound effects - it has been high noon in the platteland. We now await the knights in their white bakkies who should come riding into town any minute to rescue us. In the meantime, sensible people have switched off their computers and are enjoying a siesta. The guys who earn their living repairing our electrical connections are the heroes of this little dorp - Smithfield. We have a more tenuous link to the national grid than most Free State villages, and when the wind picks up or dark clouds gather on the mountain, we are immediately powerless. Then in stride the fixers, sometimes late at night or during ferocious storms, come and connect us to the rest of the world again. I was thinking about them just last week as I sat in the Supreme Court of Appeal. It was Monday, November 16, official anniversary of the founding of Pretoria/Tshwane, and depending on which report you read, the city was turning 152, 153 or even 154. But while the people of Pretoria were unaware of our existence, everyone in Court One had Pretoria very much in mind. We were trying to understand why the city cared so little for its residents that it would endanger their lives by employing people to fix major electrical problems who weren't competent. Not just that. The city was also prepared to fight the matter all the way to Bloemfontein as though a major issue of principle or safety was at stake. It all started in August 2005 when AJ Weyers, the young, feisty managing engineer of the City of Tshwane's power system control department, wrote a letter. Weyers has a master's degree in electrical engineering and is in charge of ensuring the city's electricity supply - he's the guy who makes sure the right knights in their bakkies sort out Pretoria's power problems. His department was seriously understaffed and working extremely long hours. Posts were advertised and Weyers set a test to check the applicants' capabilities. The highest mark scored by any affirmative action candidate was 12 percent (though some white applicants scored even lower). In the discussion that followed it was decided that eight candidates would be appointed: four who had fared well in the test would start right away and four (affirmative action candidates) would first be given training. At this point, a new transformation boss arrived at the council. Benny Mahlangu told Weyers that no white candidate would be appointed. Weyers decided he was duty bound to inform his professional body and the Department of Labour about his concern for the safety of all involved. (As we know, he and his colleagues work with live electricity, and the potential for fatal accidents is great.) He was then suspended and found guilty by a disciplinary tribunal of having written a letter. At this point Weyers' professional body, the Engineering Council of South Africa, brought an urgent High Court application and won a ruling that no sentence should be passed by the disciplinary tribunal as the proceedings against Weyers were unlawful." The council appealed against this decision, and that is how we all found ourselves in Court One, Judge President Lex Mpati presiding, shaking our heads at the goings-on in Tshwane. Judge Mahomed Navsa challenged Pieter Pauw SC, counsel for Tshwane: why did the city want to punish Weyers, he asked. Here was a man concerned for the safety of the people of the city and the job applicants themselves. It was obvious from the papers, said Judge Robert Nugent, that Mahlangu was determined to make Weyers do what he was told. "This whole matter arose because Weyers was a professional who challenged the authority of a bureaucrat," he added. Judge Navsa: "The view of Weyers is that people who are not competent should not be working on live wires. Do you say that this is not an important matter to draw to the attention of his professional board?" Pauw: "It is important to observe safety at work." Judge Mpati: "Do you want someone to die first?" John Mullins SC, counsel for Weyers, asked the court to rule that his client had done his duty, and though judgment isn't expected for another fortnight, I'd say there isn't much doubt about the outcome. My only question is whether the court can find some way to make the bureaucrats who went after Weyers pay for their irresponsible frolic out of their own pockets, instead of from the city coffers.
32 held after mine explosion. 23 November 2009.
Police arrested 32 mine employees at a Rustenburg mine after an explosion during a sit-in which injured three police officers, a spokesperson said on Saturday. On Thursday evening, three former employees of mining contractor Murray and Roberts staged a sit-in at the central shaft of the Aquarius Platinum Mine in Kroondal outside Rustenburg, police national spokesperson Senior Superintendent Musa Zondi said. The miners were protesting their dismissal from the company after an illegal strike a few weeks ago. "Following the arrest of the three, 32 former employees of MRC forced their way down the mine, assaulting current employees who numbered at least twenty five," Zondi said. Police are still investigating how and when the miners gained access to the shaft. They demanded the immediate issuance of their Unemployment Insurance Fund certificates. Mine management withdrew employees who were underground. These miners were assaulted on their way to the surface. Police forces, including task force members, explosives experts and negotiators, were deployed on Friday to stabilise the situation. "While forcing their way down the mine, the disgruntled former employees illegally gained access to explosives and set up "booby traps" to prevent the special forces from reaching them," Zondi said. "Two Task Force as well as a member from the Provincial Explosives Unit in the North West were injured by the shrapnel when the booby traps went off," he said. Police arrested the 32 on charges ranging from attempted murder, illegal possession of explosives, malicious damage to property, trespassing and assault. They will appear in the Rustenburg Magistrate's Court on Monday. "Saps also managed to confiscate a number of explosives, including shock tubes and blasting cartridges," Zondi said. The injured officers were taken to the George Shimakane Hospital.
Mineworkers to appear in court for instigating violence.
About 30 former mineworkers at the Aquarius Platinum Mine near Rustenburg will appear in court today. They clashed with members of the police task force underground.The trouble began after three former mineworkers, who were dismissed three months ago, were arrested for staging an illegal sit-in, demanding their jobs back. Thirty other ex-miners then forced their way into a shaft at the mine in Kronendal. They allegedly assaulted miners who were supposed to go down the shaft. A police task force was then sent to the shaft. The protesters apparently set booby traps for the police with blasting cartridges and shock tubes. These went off, injuring three policemen. The 30 men were then arrested and they'll face charges of attempted murder, damage to property and intimidation
Over and above common law offences, I see potentially contraventions of section 22 of the MHS Act as well as Regulations 3.11 Responsibility for contravention 'Any person through whose neglect, wrongful act or omission a contravention of any regulation shall occur or who permits, incites, instigates, commands or procures any person to contravene any regulation shall be deemed to be guilty of such contravention, without prejudice to any responsibility or liability on the part of the manager or of any other person' and 3.12 Disobedience 'Any person who fails to obey any order given to him in accordance with or for the proper observance of the requirements of these regulations, or any order whatsoever given in the interests of safety or health, by any person lawfully authorised to give such order, shall be guilty of a contravention of these regulations'.
Mine deaths a disgrace - Vavi. 3 November 2009.
The number of deaths in South African mines was a national disgrace, Congress of SA Trade Unions (Cosatu) general secretary Zwelinzima Vavi said on Friday. "Urgent action is needed to put an end to this carnage," Vavi told a memorial service for nine mineworkers who died on Monday at Impala Platinum's Rustenburg mine. The company directors must be held "personally accountable" for the deaths, he said, adding that should an investigation find negligence or incompetence the directors should be prosecuted and punished if found guilty. Such fatalities are personal tragedies for bereaved families and friends, but they are also a national disgrace. "The number of accidents in our mines is still far too high. Between 1997 and 2007, the South African mining industry had an appalling average of 244 work-related deaths per year reported." He said safety was not prioritised and mining houses should do more to end the many fatalities. The general secretary said Cosatu supported Labour Minister Membathisi Mdladlana's call for all health and safety laws to be rigidly enforced to protect workers from occupational hazards. "Daily we risk our lives to dig the coal, gold and platinum out of the earth, but never see any of the fabulous profits that our employers make," Vavi said, which is why the union federation supported the call for nationalising the mines . "We want an efficient industry that continues to create wealth for the nation but uses the profits to pay workers a living wage, pays taxes to improve the lives of the workers and the poor, in conditions that are safe, healthy and environmentally friendly."
Illegal sit-in halts production at SA platinum mine. 10 October 2009.
An illegal sit-in by more than 240 employees at the Two Rivers platinum mine, in South Africa’s Mpumalanga province continued on Monday afternoon. More than one hundred mineworkers had embarked on the protest action on Sunday evening, halting production at the mine, which is a joint venture between African Rainbow Minerals (Arm) and Impala Platinum. Arm and the National Union of Mineworkers (NUM) confirmed that the workers had refused to come out of the mine after their night shift ended at 06:00 on Monday morning. NUM spokesperson Lesiba Seshoka told Mining Weekly Online that more workers had since gone underground to join in the protest action, which had started as a result of workers demanding that a manager at the mine, who allegedly fired four workers, be dismissed. “We call on Two Rivers management to make a serious intervention and ensure that the manager concerned is dismissed as a matter of urgency,” NUM representative Doctor Matheso said. Arm head of investor relations Monique Swartz confirmed that a decision had been taken to let some workers go following an official hearing into a fall-of-ground incident. She noted that the unions had agreed to the dismissal of the workers involved. The safety of all employees is paramount and it is in the interest of all the employees that they not work with people who create unsafe working environments, Swartz stated. The management of the mine was currently trying to engage with the employees to explain the procedures followed with regard to the dismissal of the workers, she added, saying that Arm was liaising with the unions. Swartz said the company was optimistic that it would be able to resolve the matter once it got a dialogue going with the workers. Seshoka, meanwhile, said that it had roped in its regional leadership in the province to try to resolve the illegal sit-in, as the local branch of the NUM had failed to do so. Arm did not expect the protest action to continue for more than a day, she noted, saying that production would not be materially affected.
These workers are in contravention of section 22 of the MHS Act. 'Employees' duties for health and safety.'
Every employee at a mine, while at that mine, must -
(a) take reasonable care to protect their own health and safety;
(b) take reasonable care to protect the health and safety of other persons who may be affected by any act or omission of that employee;
(c) use and take proper care of protective clothing, and other health and safety facilities and equipment provided for the protection, health or safety of that employee and other employees;
(d) report promptly to their immediate supervisor any situation which the employee believes presents a risk to the health or safety of that employee or any other person, and with which the employee cannot properly deal;
(e) co-operate with any person to permit compliance with the duties and responsibilities placed on that person in terms of this Act; and
(f) comply with prescribed health and safety measures.
Paarl fire blamed on kitchen fryer. 20 October 2009.
A factory fire that claimed the lives of 11 workers in April was due to a subcontractor's kitchen fryer, Paarl Media said on Monday. "The most probable cause of the fire appears to have been the spontaneous igniting of heated cooking oil in the canteen area which was independently operated by a sub-contractor," said Paarl Media CEO Stephen van der Walt in a statement. "The flames spread rapidly to the expanded polystyrene thermal sheets which lined the roof throughout the plant." Van der Walt said that once the roof lining, which acted as insulation, caught fire it produced large amounts of smoke that resulted in poor visibility for workers attempting to flee the blaze. On April 17, a fire broke out in the Paarl Print factory in Dal Josafat in the town of Paarl. It quickly spread and killed 11 workers. Van der Walt said that the roof lining material that caused the smoke in the factory was being replaced where it had been used in other Paarl Media facilities. Van der Walt said the company's findings were a result of forensic investigations conducted by fire experts. He said that the earlier reports of a fire caused by "paper dust" igniting were disproved.
The fire that killed 13 workers at a Paarl Print factory last month was probably caused by a paper dust explosion, an industry union said on Thursday."The uncontrolled spread of the fire which resulted in 13 fatalities has been linked to a build up of highly combustible dust in the roof of the plant," said the Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union (Ceppwawu).All 13 workers were hospitalised before they died, some of them with second-degree burns.The fire allegedly started in the cafeteria and spread throughout the building at great speed, too fast to allow some workers to escape.Ceppwawu spokesperson Cedric Maluleke said the union has been working with a team of occupational health experts to establish the cause of the April 17 fire."On the basis of investigations to date, the union team has made a preliminary finding that the initial small fire in the cafeteria was propagated through the building by an ensuing dust explosion.
Failure to enforce laws feeds brokering. 9 October 2009. By Terry bell
There are a great many unacceptable labour practices throughout South Africa, many of them undoubtedly related to the treatment of workers supplied by labour brokers. But the source of the problem may lie not so much with how workers were recruited, but in the fact that the Department of Labour has proved next to useless in monitoring, let alone prosecuting, breaches of labour law. Trade unions too, should take some of the responsibility for not prosecuting more vigorously breaches not only of the law concerning wages and length of employment but,often even more importantly, issues of health and safety. Regulations already exist; they are contained in the Labour Relations Act and the Basic Conditions of Employment Act. In fact, any worker who labours for an employer for more than 24 hours a month is, in law, an employee and, as such, qualifies - proportionate to the hours worked - for the rights and benefits of an employee. These laws may often be ignored or may be inadequate. But this is where the debate should start. Instead, in the often emotive furore about whether labour brokers should be banned, regulated or self-regulated, an impression is created that agencies supplying temporary or casual labour operate in a lawless and therefore anarchic environment. Clearly, they do not. This is obvious in the welter of evidence about reports to the department about abuses of the law. However these result, all too often, in no action whatsoever. Yet the department, the unions and the employers should all be aware that labour brokers, under the title "temporary employment services (TES)" are covered by current labour legislation. In law, the end employer who hires a broker to supply labour, hires the employees of the broker. The broker is therefore responsible, under the labour laws, for the pay and conditions of the workers outsourced to other companies. But if laws exist, they are supposed to be enforced or else they become meaningless. And where laws that benefit the majority of workers are disregarded, it is worthwhile examining why this should be so and who profits by this neglect. It is not rocket science to understand that it is hirers of casual labour and unscrupulous suppliers who stand to gain most: the hirers because they take no responsibility for the workers, using them for as short or long a period as they wish; the unscrupulous suppliers - the labour brokers - because they also accept no legal obligations for the workers. There are a number of large traders in human labour who may adhere, in general, to the law. But there are also a fair number of "quick buck" merchants who, even with as little as a telephone, a fax and a bakkie, have set themselves up as a TES, to provide usually cheap casual labour. Who hires this labour is an important question. Construction companies, large and small, are obvious targets as the hirers of workers on a casual basis. In a recent report on work on World Cup soccer stadiums, UCT researchers Shane Godfrey and Pamhidzai Bamu found that such companies prefer to source their labour from brokers. They note: "Using labour brokers dispenses with the problem of unfair dismissal and retrenchment costs and procedures. Clients are not bound to keep workers for the stipulated periods, as labour brokers promise to replace a worker who the client is unhappy with." But the construction industry and other "seasonal work" private sector entities such as agribusiness are not the only large-scale users of such labour. Last week, for example, the SA Post Office released its annual report which made clear it employed 11 labour brokers to provide 8 600 casual postal workers at an annual cost of about R350 million. According to the Communication Workers' Union, the hourly rate paid to the brokers, of between R21 and R45, is more than double the pay received by the workers. Such disparity in incomes cannot be justified by the administrative and transport costs borne by the brokers. A similar situation applies in the field of domestic work and commercial cleaning, where it is not unusual for a company to charge R160 a day for an outsourced worker, while paying that worker just R60. But worse examples of abuse are to be found in the outsourcing of skilled labour, something particularly evident in the garment industry, but also affecting various other sectors, including the editing functions of journalism. In the current debate, the two problems often tend to be conflated, but they are different, although the employer rationale - to reduce labour costs - is the same. However, those agencies providing workers for secretarial or computer programming work on a casual basis also fall into the same category as the brokers supplying unskilled or semi-skilled labour to the Post Office or the construction sector. Once these points - especially the policing of existing legislation - are clarified and the present system is found wanting, it should be possible to set to rights what might be wrong - or to debate alternatives that best suit South African conditions. To simply call for a ban or for regulation - let alone self-regulation - when laws already exist that are not enforced is problematic. A blanket ban in the present circumstances could well exacerbate the problem by driving labour broking underground. If current laws are not enforced how will a ban operate? But with a probable unemployment rate of more than 40 percent, something must be done. And the unions have a role to play, especially having adopted the Decent Work, Decent Life campaign of the International Trade Union Confederation "to ensure all people benefit equally from globalisation."
Labour brokers illegal: Mdladlana. 5 October 2009.
Labour Minister Membathisi Mdladlana has re-iterated his position that there's no legal basis for labour brokers to exist in the country's laws. Mdladlana was reacting to a joint call by the Democratic Alliance (DA) and the Congress of the People (COPE) for the regulation of labour brokers rather than a total ban of the sector. The minister says this call is a clear indication that the parties do not have a clue of what labour broking is all about and the extent to which workers are abused because of the practice. He's described the system as a form of human trafficking. In their call yesterday, the two opposition parties proposed the establishment of a self-regulatory body in the labour brokering market to enforce high standards and curb the abuse of workers. The parties said a ban will only drive the practice underground and lead to more exploitation. Labour lawyer and analyst Michael Bagraim said it is all good and well to have laws, but they need to be enforced. During the Congress of South African Trade Union’s (Cosatu) 10th national congress in Midrand, the labour federation's president Sdumo Dlamini warned government that it will take to the streets if labour brokers are not banned. Dlamini further said labour broking and job creation did not go together.
Really? Odd that they are recognised in the OHS, Coid and LR Acts!Click here for more.
Opposition plan moots self-regulation for labour brokers. 2 October 2009.
Instead of banning labour brokers, a system of self- regulation involving registration and a code of conduct should be introduced, the Democratic Alliance (DA) and Congress of the People (COPE) proposed jointly yesterday. Labour Minister Membathisi Mdladlana has been forthright in his belief that labour broking should be banned outright because it is not covered by any law and results in the exploitation of workers. But the DA and COPE decry this as “populist rhetoric” designed to whip up sentiment. While they concede that exploitation does indeed occur, and should be addressed urgently, they argue that an outright ban or excessive regulation would deepen this exploitation by driving the industry underground. It could also result in the loss of hundreds of thousands of jobs. The two opposition parties released their policy document at a media briefing yesterday. They believe that labour brokers perform a useful service and should be allowed to continue operating, “provided that they do not transgress industry self-regulated norms and standards designed to prevent exploitation”. Self-regulation had proved an effective mechanism for regulating the micro-lending industry and estate agents. “Labour brokers, or temporary employment services, have become prominent role-players in the economy where they facilitate job creation, train workers and assist businesses to operate in the most effective possible way. The industry generates turnover in excess of R23bn per annum and places more than 500000 temporary assignees in jobs every day,” the document said. The parties propose a system of mandatory registration for all practitioners; the establishment of an institute or self-regulatory board of labour brokers that would enforce a set of standards for the industry; a code of conduct enforced by the board itself; and annual monitoring of profit margins. Critical for this scheme would be a redesigned, well-resourced and better managed labour inspectorate with a computerised database of registered brokers and the power to search premises and issue notices. Existing malpractices have mushroomed because of ineffective law enforcement, the document said .
Crane topple in Camps bay. 1 October 2009. Caused by gale force winds.
Mpumalanga road closed after bridge collapse. 1 October 2009.
A bridge on one of the main feeder roads to the N4 Toll Route near the 2010 soccer stadium in Nelspruit, Mpumalanga has collapsed. The incident on the P-166 bridge, which is under construction, left the N4 toll route outside Nelspruit briefly closed in both directions last night. Traffic had to be diverted via Kaapsehoop. The beams were put across the N4 early yesterday. No-one was injured and no cars were damaged during the incident. Senior Engineers from the Department of Roads and Transport say the collapse was probably caused by vibrations from trucks. The Department of Public Works, Roads and Transport says plans have been made to replace the beams. It says the collapse will not delay the construction of the road and the construction of the 2010 soccer venue at Mbombela. Remember Inyaka?
Mine deaths are not the worst sort of fatalities . By Mike Terry.
What worries me, however, is the complete lack of balance between attitudes to mine deaths and road deaths and murders. Unlike mine deaths, which are completely documented, the government statistics on the latter two are unreliable. Road deaths are estimated at between 14 000 and 18 000 a year. According to Yolande Stander in the Weekend Post Online (September 23), South Africa has one of the 10 highest road traffic fatality rates in the world. Leaving out pedestrians, there are about 5 000 to 6 000 deaths. Most, (probably two-thirds or more) of all road mileage is work related. That makes about 3 000 to 4 000 work-related deaths annually. The cost to business must be enormous. In contrast to mines, the minister of transport seems to treat road deaths as at least under control, if not acceptable. If he visits road accident sites, it gets little publicity. I have never heard of an instance. Unlike mines, roads are not closed for days at a time for "the inspectorate to better investigate accidents". If they were, the economy would grind to a halt. But trade unions do not make any political capital out of road deaths. No ANC member threatens to nationalise road transport. The story with murders is even more horrific. The DA has reported 55 murders a day in South Africa. But let us focus on a job that MP Piet Groenewald calls the most dangerous job in South Africa - farming. Out of 13 500 white farmers, 3 010 white rural dwellers (mostly farmers) have been killed since 1994. Gregory Stanton of Genocide Watch calls this "silent genocide". The cost to the economy is enormous. The Department of Agriculture appears not to see a link between crime and the fact that South Africa, for the first time last year, became a net importer of food. Successive safety and security ministers tell us crime is under control. They appear to find the crime figures acceptable. The lack of balanced action and media reporting makes it appear mine deaths are being used by unions and the government in a push to nationalise the mining industry. Is the media a willing dupe in this? If one thinks that mine deaths are unacceptable now, just wait until the government takes over and extends its well-known ability in running public hospitals (and killing their patients) to mines. This would make the recent death toll look like a practice run.
Cosatu calls for labour law review. 24 September 2009.
The Congress of SA Trade Unions (Cosatu) on Thursday called for a "comprehensive review" of the Labour Relations Act. "For the past 15 years, we failed to review the act to ensure that it truly protected workers... we want that by next year. Workers have gained nothing and the capitalists everything," said National Union of Metalworkers of SA (Numsa) delegate, Vuyo Bikitsha at Cosatu's 10th national congress at Gallagher Estate in Midrand. Bikitsha said while the act was viewed as progressive, there were certain sections which placed workers at a disadvantage. "The right to strike is formally protected but not substantively," he said. "For example employers are allowed to use scab labour... this dilutes the power of the strike," he said. Cosatu wants amendments to the act which prevent the renewal of fixed-term contracts, which require fixed and short-term contract workers to be covered by all collective agreements and removing the incentives for outsourcing, subcontracting and corporate restructuring aimed at diminishing workers' rights. It also resolved to call for an outright ban of labour brokers, tightening the original resolution requiring "stringent regulation" of the practice. Congress resolved to resort to protest action should it not succeed in completely eliminating the practice of labour brokering. "Labour brokering amounts to human trafficking and modern slavery." Despite the current recognition of labour brokers, companies should be compelled to employ workers directly without engaging in triangular employment relationships. "[Cosatu resolved] to embark on a section 77 campaign should labour brokering not be banned," the resolution read. In his opening address on Monday, Cosatu president Sidumo Dlamini said the federation would bring the country to a "stand still" on this matter. The South Africa Commercial, Catering and Allied Workers Union (Saccawu), the SA Municipal Workers' Union, and Numsa urged the ban. "We support Saccawu that labour brokers must be banned, finish and klaar. We want the laws of this country to completely ban this modern slavery," Bikitsha said. Companies who source labour and then hire those workers out to a primary employer are known as labour brokers. "Why the primary employer uses labour brokers is to run away from the cost of benefits and to underpay the worker," he said.
OHS Act section 32 Formal Inquiry into the ‘Roodepoort Collapse’ case starts on Tuesday 26 September 2009. Click here for more.
A raw deal for miners who contract lung disease.
There is no doubt that mine workers with occupationally acquired lung diseases get a raw deal in South Africa. Their counterparts in other industries receive monthly pensions for life. But miners get only a compensatory lump sum, capped at R84 000. This amount comes in lower if mine workers are diagnosed with "first degree" disability of between 10 percent and 40 percent rather than "second degree" disability (tantamount to a death sentence). There has been no increase in the lump sum for the past decade. Miners are given a once-off payment roughly equivalent to one or two months' worth of income for a middle-class household. This is expected to see them and their families through the rest of their lives. They receive no compensatory pension or medical cover. The Occupational Diseases in Mines and Works Act governs miners' compensation for occupationally acquired diseases. By comparison, workers in non-mining industries are covered by the Compensation for Occupational Injuries and Diseases Act. The latter also covers all workers for occupational injuries. It is in the mining industry's financial interests to retain a separate system, although they are now being called upon to make greater contributions to the Mineworkers' Compensation Fund - a move that the industry is resisting. Some time ago, the cabinet adopted a motion to unite the funds provided for in the two pieces of legislation. But there has been little progress to date on doing so. This differential compensation system lies at the heart of the inequities miners face. It is overdue for an overhaul, and the departments involved - labour and health - should be taken to task for not speeding up the process of amalgamation. It is no secret that the compensation fund for occupational diseases in the Health Department has been functioning below efficiency levels for some time. It faces large backlogs, with ex-miners sometimes dying before they are paid out.
Fatal accident at SASOL Secunda. 21 September 2009.
Two employees at petrochemicals giant Sasol’s gas production plant in Secunda had died at the weekend, after inhaling fumes from inside a vessel they were cleaning. The workers were members of a team performing duties as part of a pre-start-up process following routine maintenance. Sasol said in a statement issued on Saturday that it was working closely with the relevant authorities to investigate the incident and establish the exact cause of death. “The investigation into the cause of this incident is already under way to ensure a full understanding of how this happened and what steps must be taken to avoid similar incidents in the future,” said Sasol Synfuels MD Flip de Wet.
Click here General Safety Regulation 5. Confined Spaces.
Safety in construction to improve with proposed amendments. 18 September 2009. Engineering News.
Proposed amendments to the construction regulations in the Occupational Health and Safety (OHS) Act of 1993 aim to better define grey areas in the legislation to improve the level of competence in construction and to place more responsibility on the client for occupational safety in future. National Occupational Safety and Health Board (Noshbo) executive Ray Strydom, who is a member of the construction health and safety technical committee responsible for proposing amendments to the regulations, says that the committee has been working on the draft for two years. One of the proposed amendments states that occupational safety practitioners that work in construction will in future have to be professionally registered with a South African National Accreditation System-accredited organisation. A clear definition of an occupational safety practitioner will also be stipulated. Consulting Engineers South Africa (Cesa), which also has representatives on the construction health and safety technical committee, reports that it is pleased that the proposed amendment’s definition of an agent now includes a reference to competence and that a competent person is better defined, with stricter requirements. The committee further proposes that the health and safety specification required from the client and the health and safety plan required from the contractor should, in future, be more project or site specific. Cesa explains that, for this reason, a construction site and construction work are now also better defined in the proposed amendments. Strydom asserts that, where safety specifications previously had to go out with tenders once the design was completed, the new proposals specify that the client must provide these for the designer or architect. In this way, safety measures can be included during the design phase, before it reaches the tenderers. Cesa reports that designers of structural work will have to ensure that their designs meet the requirements of the regulations, including inspections during construction. “Another proposal also expects the client to obtain a construction permit from the Department of Labour (DoL), while the responsibility previously rested on the construction contractor to inform the department of planned construction. The client, therefore, becomes more responsible for the safety of construction workers,” says Strydom. Further, it is proposed that the medical certificate of fitness requirements be reviewed to be less onerous in future. This will be made possible by an annexure specifying the requirements for each task. The function of the approved inspection authority (AIA) is also revised in the proposed amendments. Although AIAs already exist in the Construction Regulations, their goal was never adequately explained. The amendment will require professionally registered private consultants to serve as AIAs. AIAs will then assist the DoL in enforcing legislation. Another development in the new regulations is the establishment of a standing construction OHS technical committee that will keep on reviewing and refining the construction regula- tions and producing guidelines on how to achieve compli- ance of the regulations. The committee will consist of representatives from organised labour, business and the DoL. “The next step in the process is for the draft to be sent to the legal and language bureaus for refinement. Thereafter, it will be published in the Govern ment Gazette for public comment, returned to the technical committee for finishing touches and presented to the DoL Minister’s advisory council for final approval. The committee does not expect the regulations to be promul gated before February, 2010,” says Strydom.
Contact Raynard for a copy of the draft amendments.
Assmang boss accused of gambling with workers' lives. 21 September 2009.
The Assmang manganese company boss was on Monday accused of having “gambled” with workers lives by failing to act when warned that the company boiler was likely to explode. This came out during a formal inquiry in Pietermaritzburg by the labour department into the massive explosion of a furnace at the Assmang plant on February 24, 2008 which claimed six lives. Workers' attorney Richard Spoor said Assmang general manager Princess Thwala had ignored warnings from a firm of consultants that the boiler was likely to explode if water leaks were not sorted out. The consultants had warned that a “catastrophic accident” would claim many lives, he said. “You were gambling with the lives of the workers because you ignored the warnings. You ignored the warning from an outside expert,” said Spoor. African Rainbow Minerals owns a 50% stake in Assmang. Thwala, who was grilled by Spoor for more than three hours, refused to answer certain questions and she was regularly protected by her company lawyer Willem le Roux who said some questions were “unreasonable”. Spoor said a firm of consultants had informed Assmang bosses that there was damage in the boiler and that it would increase and result in a major explosion. According to Thwala, she had been told by Assmang's former operations manager, Robert Burger, that the accident was unlikely to happen. She said that she was satisfied with Burger's steps to mitigate the problem. Burger died in a car accident in Pietermaritzburg in November 2008. “You allowed it [the boiler accident] to happen on the basis that it was unlikely it would happen. You took a chance. You gambled with the lives of the workers,” said Spoor. Thwala said it was not true that she had ignored the warning, saying that there was plan to shut down so that the problem would be sorted out. She told the inquiry panel that there water leaks reported to the foreman on the day of the accident. “I can say that there were water leaks reported on that particular shift. What the foreman should have done was to switch the boiler,” said Thwala. Reading a statement prepared by Burger before his death, Le Roux said the design and the construction of the boiler was safe. Burger said the furnace was commissioned in 1990 and the company had spent more than R30-million refurbishing it since it was built. An overhaul of the furnace had taken place in 1995 and that was followed by another one in 1999 at the cost of more than R7-million. Another overhaul had taken place in 2002 and the last one was done in 2005 at a cost of R18,5-million. The inquiry was attended by relatives of people who died and those who sustained serious injuries during the accident. The inquiry continues.
Blast: company suspends ops. 10 September 2009.
Zinc refinery Zincor suspended its operations in Springs on Thursday following an explosion which killed three people and injured 12, the company said. "Preliminary information shows that an explosion occurred in the maintenance contractors' storage area situated near the plant. The accident happened while contractors were gathered and being briefed before work started. "Five of the injured were admitted to hospital, and two have since been discharged. A further seven workers were treated for minor injuries on site." After informing their next of kin, the company said Thabo Kolantso, Samuel Radebe and July Taba had died. David Nongxokolo, Elliot Maditsi, Songezo Mbizweni, Clement Ranyadi and Emile Pretorius were taken to hospital for treatment, while the names of the seven people treated on the scene were not supplied. They said a company called City Insulation employed all except Pretorius, who works for a company called Checklift. "Exxaro (Zincor owner) extends its sincere condolences to the family, colleagues and friends of the deceased and we are monitoring the recovery of the injured. "The safety of everyone on our sites remains our number one priority and we will continue efforts to achieve zero safety incidents,” said Sipho Nkosi, chief executive officer, in a statement. The scene of the accident had been secured and contractors and employees were receiving counselling and support. Nkosi and senior Exxaro management visited the site earlier on Thursday to assess the situation and offer support. "Operations at Zincor are suspended today to allow for investigations to take place, as well as the full restoration of electricity supply which was damaged in the incident. "Management will take a decision on restarting activities by tomorrow [Friday]. There is currently no risk to people nor plant." Full details of the accident would be known after investigations were completed by Exxaro and the labour department. Earlier Ekurhuleni emergency services spokesperson Roggers Mamaila said they received a request for help, initially for a fire, and when they arrived they found there had been an explosion which they were told was related to Argon gas.
Exxaro, Labour ministry probe Springs refinery explosion.
Exxaro Zincor Operations and the Department of Labour inspectors will conduct an investigation into a Springs zinc refinery that was rocked by an explosion this morning. Preliminary information shows that the three victims may have died after gas bottles in a storage area exploded. Reports indicate that 12 other people were injured during the blast which is said to have occurred during a morning briefing. The area was cordoned-off and members of the media were prevented from getting too close to the scene. The bodies of the three victims were removed a few hours after the explosion and the injured were taken to hospital. Two of them have since been discharged. Business Unit Manager at Exxaro Zincor, John Meyer, described the day as a tragic one that the company doesn’t wish to experience again. The victims were contractors employed to fix broken equipment. Zincor is the only zinc refinery in South Africa. The plant has now been shut down indefinitely as authorities say they will follow due process to get a better understanding of what might have caused the explosion.
Springs gas blast kills three. The Star. 10 September 2009.
Three workers were killed and five others were injured this morning when an explosion rocked a zinc and acid manufacturing plant in Springs this morning. The men had just arrived at work at Exxaro Zincor Base Metals when one of the gas cylinders exploded about 20 to 30 metres from where they were. Netcare 911 spokesperson Nick Dollman (corr) said that when they arrived at the scene around 7.30am, the three men were already dead. He said the impact of the explosion had scattered their bodies around. "The magnitute of the blast was quite significant," he said. Ekurhuleni Emergency Management Services spokesperson Roggers Mamaila said they had received a fire call at 7.45am and when they arrived at the scene found a "clean" explosion.
Workplace safety a joint responsibility - Labour Minister. DoL.
Workers' unions should play an active role in preventing the high-rate of workplace accidents and fatalities that are plaguing the construction industry, Labour MinisterMembathisi Mdladlana urged, at the launch of government's week-long occupational health and safety inspection of the construction sector which kicked off in August. Mdladlana made the plea to workers at the construction site of the 2010 stadium, Soccer City in Nasrec, south of Johannesburg, where he launched the Department of Labour's five-day countrywide occupational health and safety inspection blitz. The 2010 Soccer World Cup, to be hosted by South Africa, has seen a huge increase in construction activity throughout the country, as well as an increase in accidents and fatalities in a sector that has a reputation for poor occupational health and safety practice. The Labour Department's construction sector inspection tour follows the death of a construction worker at the construction site of the Peter Mokaba Stadium in Polokwane, Limpopo, after a concrete slab fell on him. In South Africa, the iron and steel, construction, agriculture, food, and drink and beverage sectors have been identified as sectors with the highest risks when it comes to workplace health and safety accidents countrywide, reports the Labour Department. These four sectors make up 47% of the workplace injuries and fatalities reported to the department's inspectorate. The building, construction and allied workers union (BCAWU) states that the insufficient number of health and safety inspectors, has contributed to the growing number of accidents on construction sites. BCAWU spokesperson Daniel Kgonyane says construction workers are exploited, owing to the high-level of unemployment and a lack of knowledge of their rights. He adds that the shortage of inspectors provided by the Labour Department is also of concern, as employers continue to increase their profits by pushing workers into intolerable working conditions. The 2010 Government Coordinating Unit states that the death of a construction worker at the Peter Mokaba Stadium, in August, has undoubtedly marred the good progress made towards ensuring that all the necessary preparations are in place to host the best ever FIFA World Cup. "There is no doubt that the loss of life will send a strong message to all 2010 projects managers to enforce stricter safety measures. These include those in road construction, accommodation, information communication technology (ICT) infrastructure development and other projects. The speed at which preparations towards the tournament should proceed must not at any point compromise work safety standards", says the 2010 Government Co-ordinating Unit head Dan Moyo. Moyo says that the loss of life will send a strong message to all 2010 projects managers to enforce stricter safety measures. "These include those in road construction, accommodation, ICT infrastructure development and other projects," mentions Moyo. He says that the speed at which preparations towards the tournament should proceed must not at any point compromise work safety standards. Mdladlana stated that it is the duty of government to protect workers from unscrupulous employers who deliberately disregard the labour laws and regulations of this country. "Employers must get used to the fact that my department will follow up any case relating to the contravention of our safety laws and we will leave no stone unturned until companies respect the safety of our workers," he said. Meanwhile, engineering contractor at the Soccer City stadium, Grinaker-LTA celebrated a safety record of one- million accident-free work hours on the 2010 stadium refurbishment project. Minister Mdladlana acknowledged the achievement, but commented, however, that the tendency by subcontractors to leave workers unsupervised would ultimately lead to onsite accidents. "This is one industry that continues to give our department headaches. I believe supervisors should be more hands-on in preventing unnecessary injuries," stated Mdladlana. He said that worker representatives should assume the role of being the eyes and ears of the department, since it is impossible for the Labour Department's inspectors to be omnipresent at 2010 stadium venues. Earlier this year, the National Union of Metalworkers of South Africa (Numsa) called on the government to release more statistics about accidents and occupational diseases in the iron and steel industry, saying that these sectors were some of the highest risk industries. Numsa stated that the country's iron and steel sectors are condemned as the highest risk industries in occupational health and safety, but no statistical reports have been released for the past ten years. In August, State-owned utility Eskom reported that it removed all of the 1 500-plus trucks that supply its power stations with coal off the road for the day, after 16 people died in 55 accidents over the preceding month. The fatality figure was exceptionally high given that 29 Eskom-workers, 17 direct employees and 12 contractors, died in the entire 2008 financial year.
Probe puts spotlight on suppliers after fatal collapse. Cape Times 27 August 2009.
New evidence in the labour Department probe into a fatal construction accident collapse in Stellenbosch last year has put the spotlight firmly on suppliers. The department released a statement after its meeting in Cape Town yesterday with Hire All, Hire Solutions, Hire Mac and Velvet Products, saying it was seeking clarity on whether the props used in the construction were of acceptable standard. A prop is an object placed beneath or against a structure to keep it from falling or shaking. It serves as a mean of support. In this instance, these props were used to support the concrete slab that collapsed on the workers who were toiling under the concrete slab. The collapse occurred on 9 June 2008, during the renovation of a derelict building in Distillery street. It left three workers dead and four others with serious injuries. Presiding officer Phumi Maphaha said the meeting sought to establish whether the props used in the building were of an acceptable standard as per the specifications of the Engineering Council of South Africa and whether they complied with SABS standards. He was also examining whether the manufacturers and suppliers adhered to section 10 of the Construction regulations of the Occupational Health and safety Act, where it is stated that suppliers needed to ensure that they told the end-user about how to use their product safely. However, after establishing that the suppliers imported the props from Italy, Maphaha instructed them to present product specifications from the Italian company by no later than 9 September 2009. Maphaha said: ‘The purpose of this exercise is to establish whether there are below-standard props coming into the country without being SABS approved and thereby claiming people’s lives and if so, we will have to deal with those suppliers decisively.’ The original Labour Department hearing into the collapse was held earlier this month and was concluded within three days. The witnesses in that hearing would receive a manuscript with details of the inquiry, according to the Department of Labour. The witnesses, among them the site supervisor, gave their versions of what happened on the afternoon of the accident, the department said. Provincial labour spokesperson Temba Gubula said heads of argument still had to be presented. After this the presiding officer would present a report to the Director of Public Prosecutions. The area in which the collapse occurred is now being developed into flats and offices.
Click here to read what I had to say. It is section 10 of the OHS Act and not section 10 of the Construction Regulations. Click here for just the Cape Times article.
SA plans tougher safety obligations to improve 'unacceptable' mine death rate. 4 September 2009.
PERTH - Australian resource companies have been encouraged to continue investment in South Africa's mining sector, but Mineral Resources MinisterSusan Shabangu said that profit from mining in the country could not continue at the expense of safety. She said that South Africa was introducing tougher obligations on the sector to cut the "unacceptably" high death rate in the country's mining sector. The mine death toll for 2009 is approaching 120, with an average of more than 14 mineworkers dying each month, during the first eight months of the year. Speaking to journalists on the sidelines of the African Downunder conference, in Perth, Shabangu said that her department was looking to amend the Mine Health and Safety Act and that it would improve on its inspectorate. Two amendments to the legislation have been suggested, the first of which was a change in how inspectorates do company audits, while the second amendment would hold companies and individuals liable for deaths. This amendment was currently being discussed with stakeholders, and was likely to be implemented before the end of this year, she said. The Mineral Resources department would also look to improving the investigation process after an accident or fatality has occurred at a mine. She said that it might establish satellite offices in closer proximity to mining areas, in order to respond more quickly when an accident has occurred. It might also have to look at employing its own pathologist to complete an investigation in cases where a fatality occurred, Shabangu said, explaining that the department often relied on pathologists employed by the State, or by the responsible company, which could weaken its case when it comes to prosecuting the guilty party. The Mineral Resources department's legal resources would also be strengthened in an effort to acclimatise its own employees to the correct procedures and ensure that guilty parties were prosecuted and held responsible when an accident or fatality occured. "These are the areas that we as the administration have decided to improve on as far as health and safety are concerned." Shabangu said that the South African government did not plan for these amendments to be a deterrent to ongoing investment in the country's mineral wealth. "Australian investors should see this safety drive as an enhancement of their investment and part of recognising that South Africa is now a destination that cares for its employees in exploration and mine production." Trade union Solidarity said this week that if the current trend of mining fatalities continued in the next four months, South Africa could reach its lowest level of deaths. So far, a total of 117 mineworkers had died in accidents this year, while 168 mineworkers had died in 2008 and 221 in 2007. Solidarity head of occupational health and safety Paul Mardon said that the lower fatality rate was due to several factors, such as employers displaying awareness of the seriousness of safety, and threats that companies and individuals could be held criminally liable for deaths. Solidarity emphasised that if the drop in mining fatalities were to continue in the next few years, South Africa could compete with US and Australian mines in terms of mining safety by about 2013. "However, this is a significant challenge for South Africa, because the country has some of the deepest, and therefore also the most dangerous mines in the world." More.
Click here for the proposed section 86A of the MHS Act.
Trench collapse kills. 19 August 2009.
A man has been found dead after a trench collapsed on him, trapping him for more than four hours, Johannesburg emergency services said on Wednesday. The accident occurred in Kanana Park near Ennerdale. "Yes, we dug him out and he is dead. About eight other workers were installing sewerage pipes with him. "As he was checking how deep the trench was, it collapsed and he fell into the hole and was caved in," spokesperson Nana Radebe said. Emergency services were assisted by sniffer dogs in trying to locate how deep the man was buried in the hole. "He fell 10m into the ground. His next-of-kin are here, so they will identify the body," she said. Click here to read what the constructions regulations say.
Blast: Poor ventilation blamed. 14 August 2009.
An underground mine explosion at the Shanduka-owned Springlake mine in Hattingspruit outside Newcastle on Friday may have been caused by poor ventilation, the National Union of Mineworkers (NUM) said. Several mineworkers were injured in the explosion. "The NUM leadership in the region as well as representatives from the department of labour are rushing to the scene. Early reports suggest that the explosion may have been caused by lack of ventilation," union spokesman Lesiba Seshoka said. He said eight mineworkers were injured and taken to hospital. However, paramedics and police said 15 people were critically and seriously injured. Police spokesperson Captain Shoes Magudulela said he was not sure if there were any fatalities. Mounties Ambulance Services spokesperson Joseph Kruger said rescue efforts were underway.
Mine explosion in KZN. 14 August 2009.
A number of people were believed to be trapped and 15 others injured after an underground mine explosion at Hattingspruit outside Newcastle on Friday, KwaZulu-Natal police said. "I know that there's a number of people trapped underground, and 15 others were already rescued with serious to critical injuries," Captain Shoes Magudulela said. "I am not sure if there have been any fatalities, I am on my way there." The National Union of Mineworkers confirmed the incident happened at the Springlake Colliery, which produces anthracite. Mounties Ambulance Services spokesperson Joseph Kruger confirmed people were rescued, but could not confirm any others were still trapped underground. Further details on the incident would be available shortly, Kruger said.
Rail safety under spotlight. 12 August 2009.
The Railway Safety Regulator has a new mandate to ensure that the railway environment is free from any hazard that can result in injury or the death of any person, it said on Tuesday. "Over the last few years, our courts have been inundated with cases where individuals injured in the rail environment have sought relief, and a number of judgments handed down in this regard," it said in a statement. The Passenger Rail Agency of South Africa, the parent company of Metrorail, was instructed to make sure that the doors of commuter trains were closed before departure from a station. It was also instructed that the doors had to remain closed en route, and that should the doors be forced open while the train was in motion, the speed of the train had to immediately be reduced to 20 km/h or less. Last year, the number of incidents which may have a relationship with the matter of doors that do not close were high - 74 occurrences were reported where a person fell from inside a train, while 778 incidents were reported where persons fell between the platform and a train, it said.
Engineers quizzed as Stellenbosch building disaster probe continues. 6 August 2009
The second group of witnesses was cross examined today, during the second day of the formal inquiry into the 2008 Stellenbosch construction accident which left three workers dead and four others seriously injured. The accident occurred when a building they were renovating at Distillery Street, Bosman Crossing collapsed on them. First to take the stand was engineer Robert Moffat appointed by the Engineering Council of South Africa, to do a provisional investigation into the incident so as to establish the cause of the accident from the engineering perspective. He was followed by Henrick Conradie who had to explain his involvement as an architecture associated with this project, then came a quantity surveyor Deon don Herthog. Due to evidence presented today, Willem Smith, an engineer that appeared yesterday had to be re-called to answer to some of the questions emanating from the evidence as presented today. In an attempt to establish a clear understanding of the process that was followed in carrying out some of the jobs on site, presiding officer Phumi Mapaha had to call Sabelo Gasa of Gasa subcontracting to give his side of the story as worker that was working on that site. However, after learning that Gasa had not been on site from the start of the project, his testimony could not satisfy the enquiry on what transpired before the collapse. The hearing continues until Friday 7 August 2009. Mapaha is assisted by James Hannie and are both from the Department of Labour. Proceedings start at 09h00 to 16h00 everyday of the inquiry.
PS. I am representing the Principal Contractor.
Stellenbosch wall collapse probe gets underway. 4 August 2009
The formal inquiry into the 2008 Stellenbosch construction accident got underway today (Tuesday) at the Labour department's provincial offices in Cape Town. Three workers were killed and four others seriously injured when a building they were renovating collapsed on them in Stellenbosch in June 2008. The inquiry is being led by Phumi Mapaha as the Presiding Officer, assisted by James Hannie, both from the Department of Labour. Mr Paul Meyer representing the client-Nordic Sage Invest 22 (Pty Ltd), Principal Contractor, Lavita Builders as represented by Hilton Micheal Lavita including Mr Willem Smit, the engineer were cross questioned today. Tomorrow will be the second day of the inquiry and the proceedings are expected to continue until Friday, 7 August 2009 from 09h00 to 16h00 everyday.
Firms set for safety probes. 30 July 2009.
Agriculture and steel sector employers served with contravention notices a few weeks ago face a new round of inspections, the labour department said on Thursday. This would be done to ensure compliance with health and safety regulations, as well as other areas of non-compliance, chief inspector Thobile Lamati said in a statement. "It is the minister's position that workers are sacrosanct and that employers should not sacrifice workers' lives for profit. "This latest round of inspections came hot on the heels of countrywide visits to employers in the construction sector. The latter revealed, among others, that there was a high degree of non-compliance among employers. The situation is worrying, especially regarding small employers and sub-contractors." He said the construction sector remained one of South Africa's most dangerous workplaces, with the highest number of occupational fatalities and injuries. A highly-trained team of inspectors would comb the country from August 11 to 12.
Mine deaths a disgrace - Vavi. 24 July 2009.
The number of deaths in South African mines was a national disgrace, Congress of SA Trade Unions (Cosatu) general secretary Zwelinzima Vavi said on Friday. ‘Urgent action is needed to put an end to this carnage," Vavi told a memorial service for nine mineworkers who died on Monday at Impala Platinum's Rustenburg mine. The company directors must be held "personally accountable" for the deaths, he said, adding that should an investigation find negligence or incompetence the directors should be prosecuted and punished if found guilty. "Such fatalities are personal tragedies for bereaved families and friends, but they are also a national disgrace. "The number of accidents in our mines is still far too high. Between 1997 and 2007, the South African mining industry had an appalling average of 244 work-related deaths per year reported." He said safety was not prioritised and mining houses should do more to end the many fatalities. The general secretary said Cosatu supported Labour Minister Membathisi Mdladlana's call for all health and safety laws to be rigidly enforced to protect workers from occupational hazards. "Daily we risk our lives to dig the coal, gold and platinum out of the earth, but never see any of the fabulous profits that our employers make," Vavi said, which is why the union federation supported the call for nationalising the mines . "We want an efficient industry that continues to create wealth for the nation but uses the profits to pay workers a living wage, pays taxes to improve the lives of the workers and the poor, in conditions that are safe, healthy and environmentally friendly."
Eastplats: Sit-in miners fired. 13 July 2009.
The services of the contract mining companies whose employees were involved in a sit-in at Crocodile River mine have been terminated, Eastern Platinum said on Monday. Last week an illegal protest took place underground and members of management were allegedly taken hostage at the Brits mine in North West. "The contracts will terminate with immediate effect," said Ian Rozier, president and CEO of Eastern Platinum. He confirmed that the company had brought charges against those individuals employed by the contractor companies who took part in the illegal activities last week. This would apply "specifically in relation to safety and health transgressions, and to the holding of other underground personnel against their will, as documented by the South African Police Services from statements made by those held". Rozier said Crocodile River mine intended to undertake all core mining activities with mineworkers whom it directly employed. "Currently, Crocodile River mine directly employs 1 500 people and will engage the additional employees required in the immediate future. "The labour compliment to be directly employed by Crocodile River mine and the specific skills sets required are still to be determined," Rozier said. He said this was expected to have a short term impact on production. "The processing plant at Crocodile River mine has continued to operate at full capacity from the surface ore stockpile since the beginning of the illegal sit-in that began on Thursday 9 July. "Currently about 25% of production at Crocodile River mine comes from the Maroelabult section, which was unaffected by the illegal action." Rozier said Crocodile River mine would reassign crews in its direct employ to expedite the transition of all core mining activities to "owner mining". "This will enable about 50 percent of current production to be achieved immediately mitigating the impact of the transition." He said that in line with a memorandum of understanding signed with the National Union of Mineworkers (Num) on Saturday and with South African labour legislation, Crocodile River mine would discuss its plans with Num to move towards direct employment for all core mining activities. "The direct employee/contractor employee issue in the mining sector in South Africa is a complex one and is a high priority for the mining industry and the Num to resolve. "However, in light of the legal and safety issues surrounding the events of last week, we have no alternative but to terminate the services of the contract mining companies," Rozier said. The Num's spokesman Lesiba Seshoka said the union welcomed the cancellation of the contracts, in line with its rejection of labour brokers. "We are going to be meeting them [Crocodile River mine's management] this [Monday] morning," he said. Seshoka hoped that those who had staged the illegal sit-in would become permanent employees of the mine. "We personally don't think they can be charged by the law - they didn't hold anyone hostage and they were promised by the mine that they would become permanent staff," Seshoka said.
Roof collapse: 11 critically hurt
Fourteen people were reported to have been injured when the roof of the Newlands Shopping Complex in Durban collapsed on Thursday afternoon, paramedics said. ER24 spokesperson Derrick Banks said 11 of the people were critically injured while three sustained minor injuries. He said the three were trapped under rubble and all the people were rushed to hospital after being freed. "All emergency services are at the scene. A search is being conducted for more people who might still be trapped inside," Banks said. Netcare 911 spokesperson Chris Botha said emergency services, fire-fighters and the police were conducting a search operation that would end only after the area had been cleared and they were certain that no more people were trapped. No deaths have been reported.
IF ROADS measure a nation’s respect for the industries that make it wealthy, then it is no wonder mining’s contribution to the economy has slumped below that of agriculture – even though gold prices are close to record highs at just under $1 000 (R7 800) an ounce. The roads to the mealie lands and goldfields are narrow patchworks. The one major income earner for an economy that will record no growth this year, that shed 178 000 jobs in the first quarter, will lose at least 300 000 more before the year ends, and which, according to Finance Minister Pravin Gordhan, will see a R50-billion to R60bn shortfall in tax revenue, is being systematically whipped by mine inspectors who are putting work standards before jobs and income. Critics say section 54 of the Mine Health and Safety Act is being overused, with entire mines being closed not just because of fatalities, but for substandard work in a single shaft. Mine closures lead to the loss of tens of millions of rands in production for the mine and steep losses in worker earnings for safety and production bonuses. By contrast, section 55 of the act, which allows for mine inspectors to warn mine bosses to rectify problems (and if they don’t, section 54 can be implemented as punishment) is rarely used. Repeated attempts were made, without success, to get comment from Bheki Khumalo or Jeremy Michaels from the Department of Minerals and Energy. AngloGold Ashanti spokesman Alan Fine, however, was firm in his insistence that safety was paramount. Goldfields echoed this. Sentiments toward safety and work excellence are noble, but in an economy that is on the skids, where jobs are being lost, mines closing and poverty deepening, and at a time where gold could be a major job creator and tax contributor is the department killing the golden goose? Outside Potchefstroom, a vast shantytown has emerged of those who have lost jobs on mines and farms. In Klerksdorp, debt counsellors say they can’t keep up with the demand from people who have seen salaries drop from R35 000 a month to R4 200 from unemployment insurance as mines like those owned by Pamodzi remain firmly shut. Gideon Nieuwoudt, who heads the offices of the debt counselling organisation, Consumer Assist in Klerksdorp, says: “People are confused and depressed, the mines that are in trouble keep making promises, but few are realised. “Some people have received UIF, so we can help them with debt counselling, but if they have no income we cannot assist. Repetitive closures at mines by inspectors also have an impact on earnings.” A drive by radio station OFM that brought in well over R1m in donations is keeping some people in mining towns fed through food parcels, but soon that money will run out. The mining closures in terms of section 54 are extensive. Few mining companies have been spared them, always following fatal accidents and often for breaches picked up during inspections. Mining closures see income being whittled away and poverty has been increasing among the employed. In Fochville near Carletonville, a miner and his wife have been recuperating. Mine closures reduced the miner’s income, so he and his wife waited before seeking medical help for abdominal pains. This year the wife had a hysterectomy for ovarian cancer and he spent a month in intensive care after surgery for colon cancer. Gold contributed 23 percent to the health of the economy in 2005, with exports of R101 906m, according to Mosa Mabuza at the Department of Minerals and Energy. In 2007, gold mining contributed 7.7 percent to GDP. But in the first quarter of this year, mining revenue dropped R9bn or 12.8 percent to R21bn in March. Gold contributed about R5bn of this, StatsSA noted. In 1985, gold’s heyday, when earnings and the metal’s contribution to the economy were high, employment was at more than 850 000 workers. By 2005 it was down to 443 000 employees, now it is battling to stay above 300 000. By contrast, last year employment in tourism grew by 10 percent to 946 000 employees, according to SA Tourism. The positive spin-offs of the R750bn infrastructural spend to impress tourists coming to the 2010 World Cup do not benefit the communities that made South Africa wealthy. Tourism is the new gold: it’s contribution to GDP was R162.9bn in 2007 or 8.1 percent. Last year it was R194.5bn or 8.5 percent. Tourism is notoriously fickle, it is price- and distance-sensitive, responds to fashion, and retreats when there is civil instability or visitors fall prey to crime. This week it has been announced that 3 300 more jobs will be lost when Harmony Gold takes over Pamodzi Gold’s President Steyn mine in Welkom. At the Pamodzi Gold sites in Klerksdorp this week, people sat in the sun or lazily cycled down streets. Nieuwoudt said most clients were from the Pamodzi operations, but some were from the uranium mine at Hartebeesfontein that closed at the end of last year. “These are mining people, the husbands work, the wives have usually never worked. If the husband loses his income they have nothing.” The average ages of those seeking debt counselling is 45 to 60. Niewoudt says the situation has “an influence on buying power, especially small retailers and contractors”. Despite the gloom at some mines, there is a revolution in attitude that could help inform President Jacob Zuma’s goals of creating jobs for 500 000 people before year’s end. Kopanang mine near Klerksdorp has 5 500 workers. Led by Shaun Newberry, the general manager, the mine is developing training methods and worker participation that would leave corporate South Africa breathless. The 2km-deep goldmine is seeing consistent gains in safety and production. Not all is perfect, the mine having had one fatality this year. Nonetheless Kopanang, like all AngloGold Ashanti mines, has implemented policy in recent years ensuring crews each have a safety rep and, underground, any worker or team can withdraw from a workplace if unhappy about safety conditions. Mine training manager Andre Oberholzer says a stoppage can last “five minutes, an hour or a day, but it prevents injuries, and the costs accidents cause”. A senior independent mining geologist who consults internationally says: “Closing mines for several days raises costs – infrastructure has to be maintained and wages are paid while no revenue is forthcoming. It is fair if operations in the area of a serious accident are stopped while the causes are investigated, but not the entire operation. “Other parts of the world don’t mine as deeply and are safer because the ore bodies allow them to use mechanised mining and foreign workforces are better educated. The Brazilians have an excellent safety record and don’t earn much more than National Union of Mineworkers members, but they are literate and have a risk-averse culture.” Oberholzer responds: “Ninety-six percent of accidents are human error, only 4 percent are geological. We can control accidents with the right mindset. Achieving that is management’s responsibility. Last year the GM challenged us to achieve 15 white flag (accident free) days a month – we achieved five or six months with 15 or more white flag days. Last year we improved safety 25 percent, this year we will improve that record by 20 percent.” The top 15 percent earners among miners through production bonuses, Oberholzer says, are those with the best safety records – “there is a direct correlation between safety and earnings”. Newberry says, “One fatality is one too many.” Kopanang is using technology to improve skills and safety. Five years ago it began using touchscreen training. Oberholzer, who introduced the Edutouch system, says, “initially I wanted something in place to assess all our workers fast”. “Edutouch sends each worker’s grades immediately he or she has completed a module, allowing management to assess shortfalls with individuals and in teams.” This is critical because everyone who works on a mine has to receive retraining after even brief vacations. “In the past, AngloGold Ashanti Training and Development Services would do one-on-one questions, but with medical exams and retraining, it could take six days before a worker was back on the job. “Using Edutouch, it takes three days, with 80 percent pass rates and far better knowledge retention than in the past. Before, if a facilitator stood in front of a class and did training, we did not know how much individuals remembered.” Cornelius Tsotsotso, 46, a miner since 1987, says, “I can understand better if I do it myself.” In a group training session led by Alex Phakasi, 32, a former rock engineering assistant, three men are discussing whether the answer to their question is: a bobbejaan spanner or a T-spanner? One mimes the actions of each on a bolt. They slowly consider and hit the handheld electronic buttons similar to those used on television game shows. They can’t move on to the next question until a row of green lights shows that each has answered. Phakasi said the discussions help improve knowledge and engender leadership skills and peer competition among the miners. It has cut costs dramatically – Kopanang now has six facilitators instead of the 17 employed a few years ago, and the facilitators have learned new skills. Gerrie Swanepoel, who has been a miner since 1974 and a trainer since 1995, is particularly respectful of old miners. Before writing training programmes he assesses data in manuals and policy documents, then consults the old miners, many of whom are not literate, “but they have valuable experience”. “Technology is developing so fast we can’t just rely on books or policies, we have to consider experience too.”
Labour dept to blitz 2010 sites. 8 July 2009.
The department of labour will conduct nationwide blitz inspections on companies in the construction sector ahead of the 2010 World Cup, a spokesperson said on Wednesday. The inspections would commence next Monday, said Page Boikanyo in a statement. The drive was aimed at ensuring compliance with health and safety laws particularly on 2010 FIFA projects. "With construction booming, we have the duty to see to it that workers operate in safe conditions and eliminate unnecessary accidents in a proactive manner," Boikanyo said. "The approach we will take will be underpinned by pillars of education, monitoring and ensuring compliance with labour standards." He said forthcoming campaigns included hospitality and private security in November and February respectively. "Our inspectors have just concluded gruelling blitz inspections in the agricultural as well as iron and steel sectors." He added that the department's inspection and enforcement division, which drove the campaign, demanded that worst offending employers be followed up and be subjected to prosecution. A database of repeat offending employers would be generated and a database of all outstanding enforcement cases would have to be determined. In addition, the department would create and act upon a strategy to reduce backlog, Boikanyo said. He added that senior department officials would accompany inspectors during their visits to workplaces. The drive takes place against the backdrop of labour Minister Membathisi Mdladlana's position that "workers' rights are human rights and that employers should not put profits above safety", the statement said.
80 mine employees nabbed over death of illegal miners. 4 June 2009.
Harmony Gold says nearly 80 of its own employees have been arrested so far and criminally charged following the death of 76 illegal miners at its Eland shaft near Welkom. All indications are that the illegal operations are highly organised and that large amounts of money are changing hands to access the gold. Graham Briggs CEO of Harmony says they had 45 contractors which include security and had further charges installed during yesterday and today and it is an ongoing battle to bring the perpetrators to book. There seems to be no end in sight to the illegal mining disaster at Harmony mine's Eland shaft in Welkom in the Free State. Today 15 more bodies of the so-called Zama-Zamas were brought to the surface, bringing the total at one shaft alone to 76 in the past week. No one knows exactly how many of the illegal miners are underground at any given time, but it is speculated there could be hundreds more bodies underground after they were overcome by the fumes of an uncontrolled fire. Police spokesperson, Motantsi Makhele has appealed to family members of the deceased to come forward to identify the bodies of their loved ones. The National Union of Mineworkers says the company should take full responsibility for the disaster. The NUM believes that if the company had good security, the deaths could have been avoided. It says Harmony needs to further investigate the possibility that its own personnel may have been involved in allowing the illegal mineworkers underground.
Union: Fire from dust explosion. 29 May 2009.
The fire that killed 13 workers at a Paarl Print factory last month was probably caused by a paper dust explosion, an industry union said on Thursday."The uncontrolled spread of the fire which resulted in 13 fatalities has been linked to a build up of highly combustible dust in the roof of the plant," said the Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union (Ceppwawu).All 13 workers were hospitalised before they died, some of them with second-degree burns.The fire allegedly started in the cafeteria and spread throughout the building at great speed, too fast to allow some workers to escape.Ceppwawu spokesperson Cedric Maluleke said the union has been working with a team of occupational health experts to establish the cause of the April 17 fire."On the basis of investigations to date, the union team has made a preliminary finding that the initial small fire in the cafeteria was propagated through the building by an ensuing dust explosion.
ANC wants mine accident probe. 27 May 2009. The ANC has demanded a government probe into all mine accidents, following the deaths of nine mineworkers last week. The deaths sent a negative impression of the state of safety in some of the country's mines, the ANC said in a statement on Tuesday. "We maintain that one death of a mineworker is one too many and captains of mining houses cannot pride themselves for making huge profits if the safety of workers is not their first priority," said ANC spokesperson Jessie Duarte. The party urged mining companies not to neglect adherence to safety rules and standards at the expense of the lives of workers. "Only... best practice and zero tolerance when it comes to safety of mineworkers will lead to economic growth," said Duarte. The ANC's call supports that of Congress of SA Trade Unions (Cosatu) on Monday. Demanding that the government do more to protect mineworkers' lives, Cosatu asked for full investigations into each accident, with recommendations on additional safety measures, where these were found to be needed. The government must then "take the strongest possible action against any companies proved to have been negligent or not complying with safety regulations," Cosatu spokesperson Patrick Craven said. The union federation also demanded that the mineworkers' families be given "the maximum compensation for their tragic loss".
Cosatu calls for GOVT to protect miners. 26 May 2009.
Trade union federation Cosatu demanded on Monday that government do more to protect the lives of mine workers following a week in which nine fatalities occurred. “The Congress of South African Trade Unions demands that the department of minerals conduct full enquiries into all these accidents to establish the cause, and to recommend any additional safety measures where found necessary,” said spokesman Patrick Craven in a statement. Government must then “take the strongest possible action against any companies proved to have been negligent or not complying with safety regulations,” Craven said. On Saturday, a miner was killed by a loader at AngloPlatinum’s platinum mine in Rustenburg. On Friday, a pump attendant was fatally injured during a series of seismic events at AngloGold Ashanti’s Savuka mine near Carletonville. On Thursday, a worker was killed at AngloGold Ashanti’s Klerksdorp mine in an accident involving two hoppers used to transport ore. Three miners were killed in two accidents on Tuesday and Wednesday, both caused by earth tremors at Gold Fields’ Kloof mine. On Monday, at Impala and African Rainbow Minerals’ Modikwa mine in Limpopo another mineworker died when emerging from underground, while on May 15 a worker was killed in an accident at a mine near Klerksdorp. “These tragedies indicate that, despite many verbal assurances from the mine employers that safety is their top priority, their deeds do not match their words,” said Craven. “The number of workers’ lives being lost in our mines, and the number of serious injuries, is absolutely unacceptable.” Cosatu has also demanded that the mineworkers’ families be given “the maximum compensation for their tragic loss”.
Mining majors taking steps to achieve 2013 health and safety milestones. Mining Weekly. 25 May 2009.
Major mining houses, keen to better their safety performances, are taking steps to improve South Africa’s dismal mine health and safety record. The Department of Mining is keen to see significant progress being made to realise a 20% year-on-year improvement on health and safety standards between this year and 2013. At a health and safety briefing hosted by gold-mining major Gold Fields, Mining Industry Occupational Safety and Health (Mosh) permanent member Mike Rossouw said that it was unacceptable that the standards were there for companies to embrace, but few did so. Health adviser to the Chamber of Mines Dr Thuthula Balfour-Kaipa reported that the best way to achieve this improvement was the adoption of best-practice principles and disseminating the information through the communication chain. To realise this ambition, Mosh has initiated a programme to tackle identified pitfalls in the industry, namely falls-of-ground incidents and dust- and noise-level reduction. “The mission of the best-practice principles is to facilitate the widespread adoption of know- ledge and technology, and practise principles which will significantly improve health and safety standards,” said Kaipa. She added that, through effective implementation, the industry would be able to create a culture of eager adoption of leading practices and learning. Gold Fields reported that the best way to achieve this was through proper communication. However, this would not be achievable without a behavioural communication model. The behavioural communication model looks at all aspects of the flow of communication in the mining environment. The roles of the originator of the message and the receiver of the message form key aspects of the model. The model assesses the communications flow between these two parties within the parameters of timing, the medium that the message flows through, the role of the facilitator, the desired behaviour that needs to take place, the expected outcome of the facilitation process, the evaluation of the outcome, and the review of the impacts of the outcome. South Africa has a history of poor mine health and safety. However, the severity of South Africa’s inefficiencies in this respect was brought to the fore since 2007, when a number of incidents prompted government to threaten offending mining companies with temporary closure. Gold Fields head of South African operations Vishnu Pillay reported that, after a challenging two years, the company had turned the corner and was seeing an improvement in mine health and safety. “Gold Fields has adopted the Mosh principles and sees this as an investment in the company’s employees. Often, egos are the biggest challenge when implementing industry standards that regulate health and safety. The company is proud that it has been able to achieve two- million fatality-free shifts since May 2008, which shows that, by learning from one another, the industry can improve in this area,” said Pillay.
The ‘ineptitude of employers’ condemned as nine die. 25 May 2009.
A MINER died in a seismic event at AngloGold Ashanti’s Savuka mine near Carletonville, Gauteng, on Friday, in what was a bad week for mine safety in SA. The death of Bernado Nhantumbo, a pump attendant, follows another fatality at AngloGold Ashanti’s Klerksdorp mine on Thursday, and three fatalities at Gold Fields’ Kloof mine during the week. National Union of Mineworkers spokesman Lesiba Seshoka said at the weekend that another mineworker has died at Impala Platinum’s Marula mine in Limpopo “in an accident that saw several others being admitted in hospital”. On Saturday, a mineworker was killed by a loader at Anglo Platinum’s Rustenburg operation at the Tweefontein shaft. Two other miners were also killed at other operations. “This brings the total to nine of mineworkers who have lost their lives in the line of duty this week. “The NUM condemns the ineptitude of employers in all these accidents and calls on the department of minerals to strengthen its hand in dealing with these matters,” Seshoka said. AngloGold Ashanti CEO Mark Cutifani said although evacuation of other workers from the Savuka mine reflected a good emergency response, “it is, however, a matter of personal concern to me that ... the life of one of our colleagues was lost”. He said operations at the mine had been suspended. “The extent of the damage ... will be assessed over the weekend, and updates will be provided ... ” Safety is a major concern in the SA mining industry. Last year 168 workers died, down 24 percent from 2007. This year, there have been over 50 deaths so far.
Sixth mine worker dies. 23 May 2009.
A mine worker was killed in an accident at a mine near Klerksdorp on Friday, making it the sixth mine fatality this week, the National Union of Mineworkers said. Meanwhile NUM spokesperson Lesiba Seshoka said another miner remained trapped underground at a mine in Carletonville. The mine worker died at Anglogold Ashanti's Moab Kgotsong mine due to a fall of ground on Friday morning. A few hours later, around noon, a mineworker at Anglogold Ashanti's Savuka mine became trapped underground after an earth tremor. The seismic event measured 2.9 on the Richter Scale. Seshoka said the worker phoned to say he was badly injured and tried to explain where he was. However by Friday night the rescue team was still searching for him. "A total of six mineworkers lost their lives this week alone." On Thursday, a worker was killed at AngloGold Ashanti's Klerksdorp mine in an accident involving two hoppers, used to transport ore. Three miners were killed in two accidents on Tuesday and Wednesday, both caused by earth tremors at Gold Fields' Kloof mine. On Monday, at Impala and African Rainbow Minerals' Modikwa mine in Limpopo another mineworker died when emerging from underground. Seshoka alleged that there was a "suspicion" that he could have been exposed to leaking gas underground. A mine worker was killed in an accident at a mine near Klerksdorp on Friday, making it the sixth mine fatality this week, the National Union of Mineworkers said
Labour minister promises 'fireworks'. 22 May 2009.
Labour Minister Membathisi Mdladlana has promised "fireworks" over the contentious issue of labour brokers. "The reality is, labour broking is a form of human trafficking," he told the Motor Transport Workers' Union (MTWU) in Johannesburg on Friday. "Companies sell the labour of workers to the highest bidder and pay them the lowest possible wage," he said. No deductions were made for, among other things, the Unemployment Insurance Fund (UIF), pensions, or tax. "Is this not criminal activity?" he asked. "I see labour brokers as a problem, and it's a problem that we must work at. We must address this problem and its a battle that we must fight, and its a battle that we must win, and now is the time. Now or never," he said. Mdladlana told the MTWU -- which is celebrating its 75th anniversary -- that the issue had been under discussion in the National Economic Development and Labour Council (Nedlac) for five years already. He hinted that action could be announced shortly.
Worker killed at AngloGold. 22 May 2009.
A worker was killed at AngloGold Ashanti's Klerksdorp mine early on Thursday morning, the fourth miner killed this week, trade union Solidarity said. The man was killed in an accident involving two hoppers, used to transport ore, at the company's Tau Lekoa mine near Klerksdorp, spokesperson Jaco Kleynhans said in a statement. Company spokesperson Alan Fine confirmed the death. Said Kleynhans: "Four mine fatalities in one week is a shocking testimony to the ever threatening dangers in the gold mining industry." Three miners were killed in two separate accidents on Tuesday and Wednesday, both caused by earth tremors. "Two employees of Gold Fields' Kloof mine in the West Rand yesterday died in a fall of ground accident, while another employee died in the same mine on Tuesday." The accidents at Gold Fields followed an announcement by the company that it had notched up a record of 85 days without any fatal accidents, said Kleynhans. "These accidents once again highlight the high safety standards that have to be maintained in South African gold mines.
Miner dies at Goldfield's Kloof. 20 May 2009.
A mineworker died in a rock fall at Goldfield's Kloof Mine near Westonaria, the National Union of Mineworkers (Num) said on Wednesday. According to Num, the worker died in a rock fall following a seismic event which measured 1.5 on the Richter scale on Tuesday night. "Two mineworkers were trapped of whom one was recovered dead," the union said in a statement. It added that the other mineworker was still missing. "Rescue teams have been dispatched to search for him". The union called on Goldfields "to do all it can to ensure the safe return of the missing mineworker". Num also condemned Goldfield's approach to mine safety. Goldfields confirmed the accident, saying it would release more information later on Wednesday.
Broker ban ‘would cost a million jobs’. Industry contributes billions of rands to the domestic economy. 19 May 2009.
MORE than a million jobs would be lost if trade unions succeed in their attempt to influence legislation to ban labour brokers. This is according to Richard Pike, Adcorp Holdings’ chief executive, who yesterday slammed taking the bad practices of some labour broking agencies as typical of the entire industry. He said the number of job losses caused by banning labour brokers would be so high that it would make the number of retrenchments caused by the economic recession look “insignificant”. Speaking in a radio debate with Cosatu spokesman Patrick Craven yesterday, Pike said the employment services industry contributes billions of rands to the economy — more than agriculture. He said the industry complies with the labour directives of the International Labour Organisation and abides by the guidelines of its parent body, the Confederation of Associations in the Private Employment Sector. Pike said the banning of labour brokers in Namibia resulted in 30percent of that country’s contractors losing their jobs. “It is an absolute myth that we don’t create jobs,” he said. Craven argued that the banning of labour brokers would not result in job losses because the only change would be that companies would have no choice but to employ workers direct. “Our role as a trade unions federation is to change a reality in which workers are farmed out as commodities,” said Craven. He admitted that the federation’s stance on labour brokers was also fuelled by the fact that they restrict trade unions’ activities in the workplace. “We are calling for a total banning of labour brokers because, as long as employers have an option to use labour brokers, they will continue to do so,” he said. Responding to the notion that labour broking creates immediate employment opportunities for the unemployed, Craven said “the worst would be to accept that people who don’t have jobs should be ruthlessly exploited”. Andrew Levy, owner of labour law firm Andrew Levy & Associates, said regulation was the best option to consider. “Labour brokers serve a useful purpose in the economy and banning them outright will create huge problems of unemployment”. “However, regulation is important because there are some abusive [brokers],” he said.
Govt eyes 20% safety non compliance reduction by year-end. 19 May 2009.
The Department of Mining is eyeing a 20% decrease by the end of the year in the number of companies that do not comply with the health and safety regulations specified by the Mine Health and Safety Act. Last month, the National Union of Mine-workers (NUM) reported that 60% of mining companies in South Africa did not comply with the regulations. The department’s chief inspector of mines, Thabo Gazi, reports that although this statistic is based on a Presidential audit carried out last year, in which results could be distorted, it is a “big noncompliance statistic that the 
department wants to reduce”. He adds that the reason the audit results could be distorted is the fact that the auditing process was new to the department. Gazi 
admits that the auditing process needs to be refined. When asked about the way forward for the auditing system, NUM spokesperson Lesiba Seshoka reported that the union hoped to see certain procedures implemented by the new government to give a holistic view of concerns about South Africa’s poor mine health and safety record. However, Gazi cautions that there are no radical changes on the horizon. He adds: “The issue of a technical audit was discussed in the past. However, it was not 
carried out because of funding issues. There currently are plans to initiate such an audit later this year.”
Boland factory fire claims thirteenth victim. 18 May 2009.
The death toll in last month's fire at Paarl Print in the Boland has risen to 13. The latest victim is 44-year-old Sharon Adonis, who worked at the firm's canteen. Company CEO, Stephen van Der Walt, says Adonis succumbed to her injuries in hospital yesterday. He says three other employees are still recovering in hospital. “She put up a very brave fight for a very long time, after the fire. She is a contracted worker at Paarl Print, contracted to work in the cafeteria. We are in touch with all the families of all the deceased” says van der Walt. The raging inferno razed the building with 120 workers trapped inside. The flames apparently spread swiftly and engulfed the building. It is understood the structure was old and this could have compromised fire escape routes. Van der Walt has since said they will provide counselling for workers and establish a fund to assist those affected by the fire. The Factory is responsible for printing various books, magazines, stationery and other labels. It is one of 11 owned by the Paarl media group.
Investigations underway to determine cause of Cape Town hostel fire. 15 May 2009.
Investigators are still trying to figure out what sparked a deadly blaze this morning in a hostel in Cape Town's CBD, four people are confirmed dead and seven injured. The four bodies were found by mid-morning; the fire broke out before dawn on the top floor and spread quickly. Many residents had to jump to safety. Several owe their lives to a 17-year-old Zimbabwean schoolboy, Brandon Nyoni, who woke people amid the smoke and carried others out into the street. “I carried a man who was on crutches downstairs because I knew he could not make it downstairs himself, then I started helping other people out. The worst thing for me is that I had a friend who died inside,” he said. Most of the residents are African immigrants; police have raided the hostel several times for drugs and other criminal activity. “The circumstances surrounding the fire are now being investigated, we will look at the cause of the fire and the death of the four people,” says SAPS Superintendent, Andre Traut. City engineers must declare the building structurally safe before firefighters can recover any other bodies
Metrorail denies drop in safety standards. 11 May 2009.
Metrorail insists that railway safety standards have not dropped and ensures that high levels of safety is kept on track by the Independent Railway Safety Regulator. This despite there being three train accidents in South Africa since the beginning of the year. On Friday afternoon, 370 passengers were injured, 40 seriously and one critical, when two trains collided at the Wonderboom Station in Northern Tshwane. Authorities say a Mabopane bound passenger train collided with a stationary train also enroute to Mabopane inside the platform. The Democratic Alliance (DA) says they will submit a motion at the next Tshwane Council meeting in which they will call for an investigation into safety at train stations. DA councillor Dana Wannenburg says, “I think definitely, we have to investigate how something like this is possible, how is does it happen? It must be negligence from someone's side.” Metrorail's CEO, Sisa Mtwa, says he can't say if the cause of the crash was mechanical or due to human error, but a probe into the nature and cause has been launched. Some commuters say they fear for their safety now, but for others this is their only means of transport. Railway services were temporarily brought to a standstill, but railway lines have meanwhile been opened.
Mining houses placing more emphasis on safety than on health, laments Gold Fields’ Vishnu Pillay. 11 May 2009.
Mining sector’s safety performance poor because of noncompliance with legislation – NUM. 11 May 2009.
Although mine deaths declined in 2008 when compared with figures for 2006 and 2007, studies show that 60% of mining companies in South Africa are not complying with the directives set down in the Mine Health and Safety Act, says National Union of Mineworkers (NUM) spokesperson Lesiba Seshoka. He says that the NUM hopes to coax the new government – set to take over on May 9 – into funding and instituting a technical audit, which will provide the industry with an indication of the levels of compliance with mine infrastructure maintenance. The NUM approached the Department of Minerals and Energy (DME) last year to institute such an audit. However, it was reasoned that the audit could not take place because the skills required were not available in South Africa and it would be costly to bring in inter- national auditors. The country’s poor health and safety performance was brought to the fore after two incident-filled years, with some of the incidents deemed to be unacceptable by both the NUM and the DME. One such incident occurred in 2007, when a cable snapped at Gold Fields’ South Deep mine, in Carltonville, trapping miners underground for some 48 hours. Seshoka reports that Gold Fields assured the union that routine maintenance had been carried out at the shaft headgear, and that maintenance records confirmed this. “If this was the case, what was the level of maintenance carried out?” asks Seshoka. A number of South African mining companies are making a concerted effort to improve their health and safety performance. Harmony Gold CEO Graham Briggs reports that the company is targeting a 50% improvement on its 2008 health and safety performance. However, this has got off to a bumpy start. In April, the company reported a fall-of-ground incident at its Tshepong mine, in the Free State. The incident trapped four workers under- ground, two of whom were rescued and brought to the surface shortly after the incident, while the other two subsequently died. Earlier this year, Mining Weekly reported that former Harmony Gold CEO Bernard Swanepoel felt that CEOs who wanted to take a proactive role in enforcing safety standards were being “set up for failure” by the constraints of running a multibillion-rand operation. “All CEOs want to be proactively involved in enforcing health and safety standards but fall short of the mark because of the pressures of the job. I’m a prime example – I failed miserably as a CEO in that regard,” said Swanepoel. He suggested that one of the solutions to the growing safety problems in the mines was to make safety a company’s first priority. However, this places CEOs in a quandary. Since the onset of the global economic crisis, production has fallen in the gold and platinum sectors, long viewed as stalwarts of the South African mining industry. Now, more than ever, CEOs are under pressure to drive cost-effective production as much as possible, making this the top priority. Trade union Solidarity head of occupational mine safety Paul Mardon reports that it is quandaries such as these that cause companies to fall short of safety targets. Mardon suggests that the main responsibilities in enforcing a company’s health and safety programme should be vested in frontline managers. “Often, safety targets will not be reached because there is a breakdown in communication between the workers at the coalface and top management in the administrative offices.
Investigations into Paarl Media Group fires underway. 9 May 2009.
Chief Executive Officer of the Paarl Media Group, Stephen van der Walt, says an investigation into the cause of a devastating fire at one of the company's sites is still underway. He was speaking at a service held at the Nederburg Wine Estate in Paarl, in memory of the 12 employees who died when the company's bindery and storage area caught fire three weeks ago. Van der Walt says necessary measures will be put in place to prevent any similar incident in the future. “We all want to know the origin of the fire. We all want to know what promulgated the quick spread of the fire. We have various investigators and forensic experts looking at the scene," he says. Van der Walt also says they are forming a forum of interested parties to investigate the fire jointly, and have a look with the other ten factories as to what can be brought about to ensure that this does not occur again.
Keep workplace healthy’.
South African employers have been warned by labour lawyers to provide proper ventilation and hygienic workplaces to protect workers from swine flu and other viral infections. Speaking to The Citizen yesterday, Eva Mudley of Bowman Gilfillan said that under common law, employers are obliged to provide their employees with reasonably safe and healthy working conditions. “The current legislation governing health and safety in the workplace is the Occupational Health and Safety Act (OHSA) 85 of 1993, which sets out the minimum duties of the employer to maintain a healthy and safe working environment,” she said. She added that in dealing with a possible swine flu pandemic in the workplace, an employer should ensure that where an employee is suspected of contracting the virus, he or she should be sent home and advised to consult a doctor without delay. And if an employee is aware that a co-worker may possibly be infected, this should be immediately brought to the attention of the employer,” said Mudley. SA has no confirmed cases of swine flu and according to health officials, the anti-viral treatment Tamiflu is now available should any person test positive for the virus. A total of 20 countries worldwide have had confirmed cases of swine flu.
Two trapped miners found dead.
Two trapped workers at a gold mine in Tshepong have been found dead, Harmony Gold Mining said on Sunday. The world's No 5 producer stopped production at its mine after the workers were trapped by a rock fall on Thursday. "We are deeply saddened that our rescue efforts resulted in the recovery of the two bodies," Chief Executive Graham Briggs said in a statement. "Our teams, together with teams from other mines, worked around the clock to find the two employees and we remained optimistic that we would be able to rescue them."
Concrete floor crushes worker.
One person was killed and 10 others narrowly escaped death when the concrete floor of a double-storey building fell on them in Amanzimtoti outside Durban on Friday afternoon, paramedics said. Netcare 911 spokesperson Chris Botha said the incident happened at a construction site as builders were busy pouring concrete for a floor. "One person died instantly, three were seriously injured and seven sustained minor injuries." The cause of the collapse was not immediately clear.
Search on for trapped miners.
Rescue workers were still searching for two miners trapped underground at Harmony's Tshepong mine in the Free State on Friday afternoon, the company said. Four miners were trapped underground during a fall of ground on Thursday, and two had since been brought to the surface safely and uninjured. "They (rescue workers) are still digging and opening up the site... they haven't found anyone yet," said Harmony chief executive officer Graham Briggs. "Our proto teams will continue with the rescue operations until the two mineworkers are found," he said.
Worker dies when wall collapses.
FIVE construction workers survived a partial structural collapse on a Pretoria construction site yesterday afternoon — but another did not. The six men were working on the first level of a building in Moreleta Park when a supporting wall gave way, leading to part of the structure collapsing .It appeared the slab they were standing on caved in after the wall collapsed, sending them plummeting to the ground . Tshwane Emergency Services spokesman Johan Pieterse said that when paramedics arrived construction workers had already rescued their injured colleagues. “One worker died on the scene, and one was injured critically and four seriously ,” Pieterse said.
Two die at Evander mine. News24 of 20 April 2009. 'Two workers died at the Evander 9 shaft that forms part of Harmony's Evander operations in Mpumalanga, the gold mining company said on Monday. The deaths occurred on Friday afternoon, it said in a statement. According to the statement, the two workers died after "succumbing to oxygen deficiency while climbing into a travelling way of a discontinued production area". "They were part of a team that was installing an electrical cable in a haulage," Harmony said. Management, together with the minerals and energy department, started investigations on Friday. "At the time of the incident, no mining was taking place. "Repairs to the infrastructure of the shaft were being carried out in preparation for a new mining project," Harmony said. "It is unfortunate that despite our safety initiatives fatalities still occur, which means that we should continue rolling out communication on safety," Harmony's Chief Executive Officer Graham Briggs said. "We have already seen excellent improvements in our safety rates as a result of our safety programmes and can assure all that safety receives priority attention from all stakeholders involved," Briggs said.
Print workers mourn colleagues lost in fire. News24 of 20 April 2009. ' Dozens of grieving Paarl Print workers were counselled on Monday, shortly after a service at the site to honour the nine who had lost their lives in a devastating blaze. Front offices of the gutted building that survived the fire would be used as counselling centres, Paarl Print managing director Mike Ehret said this morning. Counselling sessions would continue for as long as was needed by employees and their families. During Monday morning's memorial service, family members of the victims took up seats in the front rows while scores of others sat farther back, or stood in the aisles. Earlier, as workers made their way towards the service, a few bouquets of flowers could be seen nestled in the wire fencing of the factory. Inside, workers listened as managers told them it was unclear what would happen in the future, but said that families of victims would receive their salaries until the end of May. Pick 'n Pay would also provide them with groceries for the next five months. Several mourners had to be escorted away as they burst into sobs. Ehret offered his condolences to the families and friends of the fire victims. He said nothing could have prepared them for the devastation and destruction the tragedy had caused. "When you look behind you, you will see that bricks and mortar have collapsed, a factory has been destroyed. "But I see Paarl Print in front of me. It is not made up of bricks and mortar, it's made up of you and I." Ehret said the company had established a number of support bases for workers, including an SMS service to inform them of any updates, and a support telephone line which offered them counselling. This was confirmed on Sunday by Paarl Media Group spokesperson Nelia Burger, who said management and staff would meet on Monday. Of the nine injured still in hospital, she said:"All the people in hospital are stable, some are still in ICU but stable." It was not known what had caused the fire. The media group's chief executive, Stephen van der Walt, said: "Bricks and mortar can be rebuilt, but losing members of our team is the biggest tragedy and our priority." Burger said the company had started a family support fund for the victims' next of kin and that financial donations or non-perishable food parcels and other useful items would be appreciated.
Paarl company to lay flowers for fire victims. The Citizen of 20 April 2009. 'Flowers would be laid at a Paarl printing factory on Monday after nine of its workers died in a fire at its premises on Friday, the company said on Sunday. Paarl Media Group’s spokeswoman Nelia Burger said management and staff would be meeting at 8am to lay flowers at the factory and to further advise staff where to seek help for counselling or medical treatment at the newly established trauma centre.“All the people still in hospital are stable, some are still in ICU but stable and they have been visited by other staff,” Burger said.However, she said it was still not known what caused the fire that claimed the lives of the factory’s workers and injured others.Police were still investigating the incident. It was first reported on Friday that seven people burnt to death, but by Saturday the number had risen to nine when more bodies were recovered from the burnt-down factory.Burger said two people were released from hospital, leaving nine still under hospital care. Two of those in hospital remained in a serious but stable condition, she said. Pics.
Labour dept to probe Boland factory fire. SABC of 18 April 2009. 'The Department of Labour says it will investigate the cause of a deadly fire which gutted a printing factory, killing seven and injuring 13 people in Paarl in the Boland, today. The Labour minister Membathisi Mdladlana says inspectors are at the scene and they want a full report from the company on the cause of the fire.The raging inferno, razed the building with 120 workers trapped inside. The flames apparently spread swiftly and engulfed the building. It is understood the structure was old and this could have compromised fire escape routes. The cause of the blaze has not been determined, but there has been some speculation that the fire was caused by a gas leak in a staff canteen. The injured have been hospitalised - five are in the intensive care unit.The chief executive of the Paarl Media Group, Steven van der Walt, says they will provide counseling for workers and establish a fund to assist those affected by the fire. A few weeks ago, the Group's magazine printing press in Cape Town was also damaged by fire. Two more bodies are found.
Fire spread 'extremely quickly'. News24 of 17 April 2009. 'The fire at a Paarl printing company spread "extremely quickly" and almost the entire factory was destroyed, the company's spokesperson said. Paarl Media spokesperson Nelia Burger could not however say at this stage how the fire began. "There will be an investigation launched soon, obviously," she said. Seven employees died in the blaze, a fire official said. Assistant chief of the Drakenstein fire department Dereck Peceur said another 13 workers were hospitalised, some of them with second-degree burns. The fire was the second this year at a plant owned by Naspers subsidiary Paarl Media. In February, a blaze destroyed a R200m magazine printing press at Paarl Gravure in Cape Town's Montague Gardens, with no casualties. Peceur said the fire broke out in the Boland town's industrial area, shortly before 08:00. The building housed offices, printing equipment, a bindery and a storage area, and the workers who died were trapped inside. The fire was under control just after 13:00, but it was still "extremely hot" inside the building, which had been gutted from end to end. Fire-fighters from the adjacent Cape Winelands municipality had also been called in to help. Peceur was unable to confirm a rumour that the fire was caused by a gas leak in a staff canteen. An employee at a nearby building told Sapa that the air in the vicinity of the blaze had been "so black and so thick with smoke it was difficult to breathe". Everyone's still standing around crying," she said. Spokesperson for Paarl Medi-Clinic Corne Bekker said seven of the fire victims had been admitted to that hospital. Two were in a normal ward and five in the intensive care unit. They were being treated for flash burns and inhalation wounds. The burns ranged from minimal, to injuries covering 75% of their bodies, she said. All the intensive care patients would go into theatre on Friday afternoon so doctors could clean their wounds under anaesthetic. Burger said about 300 people are employed at the plant, but because they worked shifts, there could have been only about 150 on duty. "We're still busy doing a head count to make sure who was on the shift," she said. This was made more difficult by the fact that the computerised clocking-in records had been destroyed in the flames. She said Paarl Print ran off books, diaries, short-run magazines, brochures and school textbooks, and did a lot of work for the government and other African countries. Arrangements were being made to finish jobs at other plants. According to the Paarl Media website, the plant offered an extensive flat sheet division, web facilities, book press and a state-of-the-art bindery. The site says Paarl Print is 100% BEE compliant with a 36% black shareholding.
Two lift technicians critical after lift collapses. The Citizen of 8 April 2009. 'Two lift technicians are in a critical condition after the lift they were repairing collapsed and fell 15m, Durban paramedics said. Netcare 911 spokesman Chris Botha said technicians were repairing a lift at the Checkout supermarket in Umzinto. “The lift gave in and the two technicians were in the lift at the time. The lift fell 15m. “The two technicians sustained multiple injuries and both are in a critical condition,” he said. Botha said both the technicians are in their early twenties. One was airlifted to St Augustine’s hospital and the other was taken to Kingsway hospital.
Boy in nursery gate tragedy. The Star of 7 April 2009. 'A five-year-old boy has died and a three-year-old girl was severely injured after a derailed gate fell on them at a Joburg nursery school. The tragic death of Lwandle Mkhize yesterday morning left everyone at Kids Group nursery school in Winchester Hills traumatised. Johannesburg Emergency Management Services spokesman Percy Morokane said the remote-controlled gate ran off its rail, fell and crushed the two. "They both suffered massive head injuries and our paramedics declared the little boy dead on the scene," Morokane said. The nursery school's director, Philip Kilian, told The Star: "We are deeply sorry and regret this, because kids and their safety are our priority." He said the parents of the 12 children who were at the kindergarten were immediately notified about the incident. When The Star arrived at the premises, distraught parents were arriving to fetch their children. Lwandle's father Muzi said his child had started attending the nursery school a month ago. "I guess this is the will of God, because my boy was a child of God," he said. "He was singing gospel songs before he went to school. Maybe it was some sort of signal," he said. Police are investigating.
MQA enlists educational institutions in bid to improve mines’ safety performance. Miningweekly of 3 April 2009. 'Tertiary institutions, such as the University of Johannesburg (UJ), are the focus of a new major campaign to improve South African mine health and safety standards, reports the Mining Qualifications Authority (MQA). MQA CEO Livhu Nengovhela states that, currently, there is no major drive to identify and nurture health and safety talent among learners who will eventually be employed as front-line managers. “The vital role of front-line managers at mines should not be underestimated. These managers are the link between the workers and top management,” says Nengovhela. In order to find a resolution to this problem, UJ has incorporated a health and safety course into its various mining degrees. Nengovhela reports that the MQA is currently in discussion with the Wits School of Mining and the University of Tshwane to include similar courses in their curriculums. Mine Health and Safety Council (MHSC) CEO Pontsho Maruping reports that the current dire need for front-line managers who have a good health and safety background goes beyond entrenching health and safety courses in tertiary educations. “There is an overall lack of mine health and safety culture. Every employee, from the basic miners to frontline managers and supervisors, should know how to identify a hazardous situation and how to avoid it. The MHSC is in the process of drawing up a health and safety framework which, it hopes, will become commonplace at South African mines,” says Maruping. She adds that, this month, the MHSC will be calling on service providers to propose a viable health and safety framework that can be used on the mines. After a suitable programme has been selected, it will take between three to four months to develop. Maruping reports that the framework should be handed over to the mines between October and the beginning of 2010. The need for effective front-line management training was highlighted at a mine health and safety workshop held last month. At the conference, trade union Solidarity’s Paul Mardon suggested that the entrenchment of a health and safety framework would face many challenges. He reported that it was very hard to enforce a safety culture on workers who were at risk outside the workplace. “You can enforce a safety culture at the mines, but then workers are put at risk when they get into a taxi to go home. How can you promote a culture of safety when a mineworker’s whole life is one of taking risks?” asked Mardon.
Rail regulator has new safety rules. Bday of 3 April 2009. 'THE Railway Safety Regulator yesterday unveiled new safety standards meant to stem rail accidents. It also aims to tighten rules overseeing operators such as the Passenger Rail Agency of SA, Transnet Freight Rail and about 250 smaller rail operators such as miners and farmers. Carvel Webb, general manager of safety assurance at the regulator, said SA had four times more derailments and rail accidents than the international norm. Webb said rail accidents had cost about R2bn over the past three years. Through amendments to the National Railway Safety Regulator Act, the regulator would for the first time gain the clout to impose fines on operators that did not comply with the new standards, which broadly covered infrastructure and rolling stock. Webb said these fines could amount to as much as R100000. Mpumi Mpofu, director-general of the Department of Transport , said: “I wish to point out that Parliament has recently passed the amendment to the National Railway Safety Regulator Act in order to strengthen its (the regulator’s) enforcement capacity through the introduction of fines in the event of non-compliance by operators.” Mosenngwa Mofi, the CEO of the Railway Safety Regulator, said one of the highest risks in railway- operations was where the activities of two or more operators met, or when a train moved from one network to another. Mofi said there had to be consistent standards for train signalling to ensure that there was no misinterpretation of intent. Another example was that the brakes of different locomotives, wagons and coaches on the same train had to be consistent.
Pretoria man drowns in paint container. The Citizen of 2 April 2009. ' A Pretoria man drowned in a paint container on an industrial site on Wednesday, paramedics said. The man was working in Silverton in Pretoria when he fell into the three by two metre paint container, said Netcare 911 spokesman Mark Stokoe. “It is uncertain how long he was missing before his colleagues noticed. “ When they discovered that he had fallen into the container and was submerged, they immediately pulled him out and did what they could for him as well as calling for medical assistance,” said Stokoe. When paramedics arrived they attempted to resuscitate him, without success. “It is believed that he had inhaled and ingested the paint as well as suffering chemical burns to his body. An amount of paint was suctioned from his lungs after intubation which confirmed he had inhaled the paint,” said Stokoe. It is unknown whether the man slipped or was overcome by fumes before falling into the paint container.
Guide fined over trampled tourist. News24 of 27 March 2009. 'A field guide and a company owning several luxury lodges were found guilty of culpable homicide in a regional court on Thursday, after the death of an American tourist. Loren Mummy, 32, was trampled to death by an elephant cow on November 10 2005. Senior prosecutor Renier van Rooyen said it was the first court case of its kind, where a field guide as well as a company were criminally charged and convicted after the death of a tourist. Milton Mnguni, 43, and the Three Cities Group, which owns Nungubane Lodge within the Welgevonden Nature Reserve near Vaalwater in Limpopo, were also found guilty of contravening the Tourism Act. Mummy was a guest at Nungubane Lodge. She died when she and two Scottish tourists went on a walk with Mnguni in the nature reserve. Magistrate Pat Cloete said in his verdict that Mnguni was not a trained or registered ranger at the time of the incident. "It is inhumane to appoint someone who isn't qualified," he said. The court heard how Mnguni let Mummy and the two Scottish tourists come as close as 37m to an elephant cow in the field. When the irritated elephant charged at them, Mnguni did not use his .375 Holland weapon to shoot the animal. He held it above his head and shouted at the animal. The elephant cow, which was the matriarch of her herd, stopped charging and stamped her feet on the ground. She was far from her herd - which included elephant calves - who were grazing elsewhere. While the elephant stamped her feet, Mnguni turned around and ran away. She then charged and trampled Mummy. Cloete said in his verdict that Mnguni did not tell Mummy and the others to get as far away from the elephant cow as possible. When the animal came closer, he told the tourists to squat down. A few moments before she was gored, Mummy was still taking pictures of the animal. Her heart and lungs ruptured due to impact when the animal hit her. Cloete gave Mnguni a R10 000 fine or six years in prison, suspended for five years, on the charge of culpable homicide. He was additionally given R5 000 or six months imprisonment, for contravening the Tourism Act, because he was not registered as a guide. The Three Cities Group was fined R100 000 on the charge of culpable homicide. It was suspended for five years. Cloete furthermore fined the group 10 000, suspended for five years, for contravening the Tourism Act by employing the unqualified Mnguni. Mnguni is now working as a field guide at a lodge in KwaZulu-Natal. The court heard on Thursday that he was still not qualified as a field guide. Leave to appeal was granted.
Gold mine shut after worker dies. Busrep of 18 March 2009. 'A worker at the Moab Khotsong gold mine has been killed in a rockfall and the mine has been shut down. AngloGold Ashanti spokesperson Julia Schoeman said on Tuesday it was unclear how long the mine would remain closed. "It will affect production; about 1 447 ounces (45kg) a day will be lost." Moab Khotsong produced 71 000 ounces of gold in the December quarter, up four percent from the September quarter. South Africa said 168 workers died in its mines in 2008, down 24 percent from 2007. So far more than 30 workers have died in mines in 2009. The Department of Minerals and Energy has been trying to reduce the fatalities and routinely orders a temporary closure of operations when a death occurs.
Mine deaths worsening, Section 28 artisans in many accidents. Miningweekly of 18 March 2009. 'More mine workers had died so far this year on South African mines than in the same period last year, and many accidents involved Section 28 artisans previously unacceptable to South Africa’s Chamber of Mines, the Exxaro safety summit heard on Tuesday. National Union of Mineworkers (NUM) safety head Mziwakhe Nhlapo told the summit at the CSIR Convention Centre that 34 miners had died to date this year, 12 more than for the same period in 2008. “We’re sitting on 34 fatalities for this year. Over the same period last year the fatality rate was 22,” he lamented. UASA sector manager Charles De Carvalho pointed out that his union had found that many of the accidents involved Section 28 artisans, who were previously unacceptable to the Chamber of Mines. De Carvalho said that, in the past, only artisans who had completed a full trade test where acceptable to the Chamber of Mines, but, as a result of the shortage of mining-industry artisans, many Section 28 artisans had been employed.
Gasoond ontplof, eis man se been. Die Beeld van 17 Maart 2009. 'n Man se regterbeen is eergisteraand afgesit ná ’n ontploffing op ’n sakeperseel by die Mittal-klipwerke. Paramedici van Netcare 911 het mnr. Almiros Myburgh (37), ’n werknemer van LTM Mulondo Holdings, wat die eiendom by ArcelorMittal huur, ná die ontploffing na die Vereeniging Medi-Clinic geneem. “Hy het ’n amputasie van die regterbeen ondergaan,” het me. Selka-Ann Badenhorst, hospitaalwoordvoerder, gesê. Myburgh se toestand is volgens haar bestendig. Mnr. Hardus Visagie, besturende direkteur van LTM Mulondo Holdings, het gesê die ontploffing het eergisteraand omstreeks 18:00 in ’n gasoond op die maatskappy se perseel in Vereeniging gebeur.
Injured employee gets R5,8m in damages. IOL of 16 March 2009. 'The State Information Technology Agency (Sita) has agreed to pay R5,8-million in damages to a mathematical statistician who fell down a flight of stairs while he was doing consultancy work for the agency more than five years ago. Gert van der Merwe, of Silver Lakes, east of Pretoria, was left a quadriplegic and mostly confined to his wheelchair. He initially claimed R11,7m in the North Gauteng High Court (formerly the Pretoria High Court), but the court earlier found that Sita was 75 percent liable for the accident and that Van der Merwe had contributed 25 percent. Sita last week agreed to settle the matter, which included that apart from the R5,8m, it would also foot Van der Merwe's legal bill. The accident occurred on September 10, 2003 at about 7pm while Van der Merwe was working as a consultant for Sita. It was stated in court papers that after attending a meeting that night at Sita's offices, he was on his way to his own office to retrieve his briefcase before going home. He recalled that it was fairly dark, as he walked from the building where the meeting took place to the main Sita building where his office was. Along the way he had to ascend a number of stairs, and he recalled that while doing this, he fell. This was his last memory before he lost consciousness. He recalled that when he came around, he was unable to move any of his limbs and he shouted for help. Some of his colleagues who also attended the meeting heard his cries for help and came to his assistance. Van der Merwe recalled that during this time he had difficulty in breathing. He again lost consciousness and was taken to Kloof Hospital. He was later taken to Muelmed Hospital, where it emerged that he had damaged his spinal cord. He remained in hospital for three months, but the extent of the damage to his spinal cord became apparent only over a period of time. Van der Merwe eventually began to get a degree of sensation back in his limbs, but he is unable to walk or to care for himself. He is essentially confined to a wheelchair and he has limited usage of his arms. His wife has to do almost everything for him, including feeding, washing and dressing him. She also has to turn the pages of any book he reads. It is stated in a medial report that Van der Merwe remained as mentally sharp as always. He was leading an active life prior to the accident, but had since not been able to return to work. He spends most of his day doing very little and often feels depressed and negative.
Obviously he was not an employee of SITA but a contractor otherwise he would be deprived of the right to sue for damages in terms of section 35 of the COID Act. I wonder if DoL conducted an investigation?
Sasol fire: Injured man dies. News24 of 13 March 2009. 'Synthetic fuels group Sasol (SOL) announced on Friday that one of three employees injured in a fire at a Sasol Oil Blending station on Wednesday died of his injuries. Piet Smith, a senior process controller, at Sasol Secunda, died in the early hours of the morning on Friday, March 13, 2009. "We are shocked and saddened by what has happened and our hearts go out to the family and friends of our colleague, as well as the families of Mr. Sindane and Mr Du Preez, also injured in the fire," said Pat Davies, Sasol chief executive. Sasol counsellors were assisting the affected families, as well as Sasol staff, within the Secunda operations. The company said it was in close contact with relatives to offer assistance. An investigation into the cause of the fire was under way, a spokesperson said.
Two Sasol workers remain in serious condition. The Citizen of 13 March 2009. 'Two out of the three Sasol workers injured in a fire at the company’s plant in Secunda remain in a serious condition, the company said on Thursday. Two of the three patients remain in a serious condition. Out of respect for the privacy of both the patients and their families, Sasol prefers not to release information regarding the medical status of the injured,” spokeswoman, Jacqui O'Sullivan said. She also said the names of the three workers injured when the fire broke out on Wednesday at a blending facility at the Sasol Tankfarm West plant would not be released. The site where the fire broke out is where fuel components are blended into a final product before it is stored. O'Sullivan said that it is still not known what caused the accident, as the only eye witnesses to the accident were the injured workers. The two seriously injured ones are still unable to speak, while Sasol have not been able to speak to the third worker yet. “We will speak to him as soon as the doctors approve of it,” O'Sullivan said. O'Sullivan said trauma counsellors from Sasol were at the hospital to assist relatives, while counsellors were also made available to staff at the site. “An investigation (into the cause of the fire) is ongoing,” said O'Sullivan.
Drie mans ernstig beseer toe aanleg by Sasol begin brand. Die Beeld van 12 Maart 2009. 'Secunda. – Drie mans is gister hier erg beseer toe ’n brand in die Sasol-aanleg uitgebreek het. Volgens me. Jacqui O’ Sullivan, Sasol se groepskommunikasie-bestuurder, het die brand om 13:15 by die tenkplaas van die wes-aanleg ontstaan. Sy kon nog nie sê wat presies die slagoffers daar gedoen het nie. Volgens haar is twee van die mans Sasol-werkers en die derde is ’n diensverskaffer. Die mans se name word nog weerhou totdat hul naasbestaandes bereik is. “Sover weet ons net dat twee van die mans se toestand ernstig is,” het O’ Sullivan gesê. Sy het gesê die flinke toepassing van noodprosedures het die brand binne minute geïsoleer en dit is kort daarna geblus. “Ons weet nog nie wat die brand veroorsaak het nie. “ ’n Volskaalse ondersoek het reeds begin.” Iemand na aan die ondersoek het gister egter vertel dat twee van die mans sowat 90% brandwonde opgedoen en in ’n kritieke toestand is. Die derde man se gesig het glo verbrand. Nog mense is na bewering by die mediese stasie binne Sasol behandel. ’n Ander betroubare bron het aan Buks Viljoen gesê nalatigheid word ondersoek. Die vonk van ’n voertuig wat glo nie op die perseel moes gewees het nie, het na bewering die brand veroorsaak. Me. Sphiwe Mahlalela, kliëntediensbestuurder van die Hoëveld Medi-Clinic in Trichardt, het teen druktyd bevestig twee mans is in die waakeenheid opgeneem en die derde was toe steeds in die ongevalle-afdeling. “Dokters is tans besig om die mans te stabiliseer en kan nog nie amptelik die graad van die brandwonde bevestig nie. Ek kan egter bevestig dat hul toestand ernstig is.”
3 injured in Sasol fire. The Citizen of 12 March 2009. 'Three people were hurt in a fire at Sasol’s Tankfarm West in Secunda on Wednesday. Sasol spokeswoman Jacqui O'Sullivan said the blaze started around 1.15pm and was put out within minutes. All three injured were taken to hospital, two in a serious condition. The cause of the fire was not immediately known. O'Sullivan said accidents of this nature were of great concern and a full investigation into the cause of the fire has been initiated. “Sasol Human Resources are contacting the families of the injured employees. Our colleagues will receive the best medical care possible and their families will also be assisted at this time,” she said. “We are not going to release the names of the injured until the families have been notified and agreed to it.” O'Sullivan said the extent of their injuries were not immediately clear.“They are being treated at the moment. I have no idea how serious their injuries are.” The fire was isolated and put out within minutes, she said. Wednesday’s fire was the second fire that broke out at a Sasol plant this year. In January, a worker was slightly injured and the Germiston refinery was shut down when a tanker caught fire. In 2004, 10 people were killed in an explosion at Sasol’s polimer plant in Secunda in 2004. An instrument technician, Fanie van Wyk, later pleaded guilty 10 counts of culpable homicide as he admitted to negligence that resulted in the accident. He was sentenced to a year in prison or a fine of R50,000. Solidarity spokesman Dirk Hermann expressed shock at the latest fire. “Sasol’s safety record has improved drastically lately, so this is a big disappointment,” he said. “There will be an investigation into the cause of the fire, and we will be involved in that.” O'Sullivan said the names of the injured workers would only released after their next-of-kin had been notified and gave permission to identify them.
Fire chief resigns after airport safety shock. IOL of 10 March 2009. ' Two-thirds of the 62 firefighters stationed at Cape Town International Airport are "poorly trained" and have little or no general firefighting experience. Only 15 percent are fully experienced and have a professional aviation qualification. Training for an aviation qualification includes learning how to open and close an aircraft's doors and how to approach an aircraft when there is a crisis. Should a major emergency arise at the airport, most of the firefighters may not have the skills to respond appropriately. The airport fire service is privately owned and run by the Airports Company of South Africa (Acsa). It is not affiliated to the city or the province's fire services. Some of the firefighters have themselves said they do not feel they have had sufficient training. The airport's chief fire officer has resigned, apparently because of the lack of training provided for his staff. But Acsa is adamant it has "sufficiently qualified staff able to respond to any aviation incident". According to an internal document that lists the skills levels of firefighters employed at Cape Town International Airport and which is in the possession of the Cape Times, 41 of the 62 have insufficient experience or aviation qualifications. Most of the 41 have worked at the airport for three years or less and were not firefighters before taking this appointment. According to the document, 12 of the 62 airport firefighters have an average amount of experience. While some have an internal aviation qualification, others are experienced enough to go for aviation training. Only nine of the firefighters have a professional aviation qualification and are experienced in this field. Most of the nine have worked at the airport for more than 20 years. Eleven posts are vacant and are being filled. A well-placed employee who, for fear of reprisals asked not to be named, said Acsa had appointed inexperienced people "off the street" as firefighters as this was cheaper than employing people with experience. He said that to be hired by the airport, one needed to have passed matric, to have a code eight driver's licence and to have completed an internal three-week basic firefighting course. Hiring inexperienced firefighters was problematic because being stationed at the airport meant they did not have to respond to many emergencies and so did not gain much experience, he said. Another source said the three-week basic course was "nowhere close to that for a professional fire service". "The firefighters are poorly trained and they don't have experience," he said. "Some of them haven't been trained to respond to a structural fire. "Even if they do get further training, it leaves them without experience." The source said Acsa had also "totally ignored" two phases a firefighter needed to complete to gain "a proper" aviation qualification. A firefighter should complete a three-month course first, then a month-long programme before he or she could specialise by completing an aviation course. The source said Acsa was skipping the first two courses and sending firefighters for an internal aviation course. This meant that those who gained an internal aviation qualification "completely missed out on the basics". The firefighters' duties included responding to medical emergencies and carrying out airfield inspections and runway checks. The source said only the nine experienced members knew how to carry out inspections and checks correctly, and they had to "pick up the weight" of the 41 inexperienced firefighters. He said the fire chief, Brandon Wilson, had resigned as he was unable to continue working in such conditions.
Implats boss warns of unintended consequences of section of mine health law. Mining News of 6 March 2008. 'Impala Platinum CEO David Brown has warned that implementation of section 54 of the Mine Health and Safety Act, which empowers mine inspectors to “give any instruction necessary to protect the health or safety of persons at a mine” – including work stoppages, if the inspectors believe conditions or practices at the mine pose a health or safety risk – may have a detrimental effect on marginal operations. In Implats’ ‘Corporate Responsibility Report 2008’, he says: “Safety audits were undertaken by the Department of Minerals and Energy (DME) at all Implats mining operations during the year as part of a national Presidential safety audit, and 13 instructions were received from the DME in terms of Section 54, which resulted in work stoppages for 23 production days at various Impala shafts. “Also, two section 54 instructions were received at Marula, resulting in a total of six days of lost production.” Meanwhile, Brown says that both fatalities and lost-time injuries at Implats operations declined during the 2008 financial year. “Ensuring a safe and healthy working environ ment at Implats is a key strategic motivation for the company. “We fully support the DME’s added focus on safety,” he adds. During the period under review, six fatal incidents occurred at Implats, all of them at Impala Rustenburg. Falls of ground accounted for two of the fatalities, but the common cause of fatalities, according to Brown, was the company’s “failure to ensure that all our employees, including managers and supervisors, adhere to codes of good practice and procedures”. The company’s lost-time injury frequency rate (LTIFR) improved to 2,85 for every million work hours, which, Brown says, was a good performance by industry standards and was an all-time low for Implats. At Impala Rustenburg, the LTIFR improved by 3%, to 3,5, for every million work hours. The best performance came from refineries, which recorded an LTIFR of zero. Despite very difficult operating and social and economic conditions, he adds, both the company’s Zimbabwean operations – Zimplats and Mimosa – maintained a good safety performance.
Dozens injured as trains collide. IOL of 5 March 2009. 'One hundred and twenty-six commuters were injured when two Metrorail trains collided in Gauteng on Thursday, a spokesperson for the train service said. Spokesperson Sibusiso Ngomane said two Johannesburg-bound Metrorail passenger trains collided between Lenasia and Midway stations. "All the emergency services and Metrorail engineering and technical teams were activated," said Ngomane. "About 126 commuters were injured, 50 were treated on the scene as they sustained minor injuries and the rest were evacuated to Lenasia and Chris Hani-Baragwanath hospital," he said. He added that buses had been arranged to ferry commuters as the lines remained closed. "Metrorail will perform a risk assessment exercise and the outcome will determine when the service will fully resume. "A board of enquiry will be set up to investigate the cause of the accident," said Ngomane. The accident came just over a month after two Metrorail accidents took place in one day in Gauteng. About 160 commuters, including a pregnant woman, were injured when a Johannesburg-bound Metrorail passenger train smashed into the back of another on February 2. Hours later in Springs, two other trains collided head-on, leaving 131 people injured.
Labour laws 'need tightening. News24 of 4 March 2009. 'South Africa's labour laws need tightening, says the ANC, while the DA feels they are too rigid, it emerged at a meeting in Johannesburg on Wednesday. ANC general-secretary Gwede Mantashe told a business meeting in Sandton that there was a prevailing "myth" that South Africa's labour laws were rigid. "Research has come up with the opposite results... one thing that is difficult to open is a closed mind... once you say there is rigid labour legislation and repeat it, you close your mind. "That is what South Africans are suffering from," Mantashe told the Chamber of Commerce and Industry. Political parties had been invited to address organised business on their economic positions and took advantage of the opportunity to unpack their election manifestos to a captive audience. Mantashe added there was nothing "as easy as firing a worker in South Africa". He said what the ANC proposed was finding a way to protect vulnerable workers and also to look into cotract labour and outsourcing. He added however that the ruling party was not proposing outlawing contract work, rather it would look at ways to ensure workers were not exploited. The Democratic Alliance, on the other hand called for increased flexibility in the country's labour laws. The party's new chief whip Ian Davidson said the government needed to take a critical look at its labour regulations. He said the current laws were inhibiting investment, adding that more flexibility was required. Congress of the People president Mosiuoa Lekota missed his initial chance to air his views after arriving about an hour late.Chamber supports mining audit report. Busrep of 27 February 2009. 'The Chamber of Mines on Thursday said it supported recommendations in the Presidential Audit Report on health and safety in mines. A total of 335 mines underwent the audit which was ordered by former president Thabo Mbeki after 3200 workers were trapped underground for 42 hours in October 2007. The report was released earlier in February and was welcomed by the chamber. President of the chamber, Sipho Nkosi, said: "After due consideration of the report and its findings, I am happy to announce that, whilst several statements in the report are generalisations which we cannot comment on in detail, we welcome the report and see it as a tool to accelerate safety and health improvements in the industry." Most of the recommendations in the report had already been implemented by the chamber, he said. It also welcomed moves to strengthen the Mine Health and Safety Inspectorate. "Since the mining environment is complex and highly dynamic, it is essential that the inspectorate is properly staffed and uses appropriate technologies to improve their effectiveness," the chamber said.
5 killed after trench collapses. News24 of 22 February 2009. 'Five construction workers died in Lindley in the north-eastern Free State on Saturday when ground from a trench collapsed on top of them, the SABC said. One of the men became trapped inside the trench and when the four others tried to pull him out, the soil collapsed on them, causing them to suffocate. Their bodies were taken to a government mortuary for identification.
Labour shuts construction site after five buried alive. DoL. 'Labour inspectors have banned all operations at the construction site where five workers died when the trench they were digging collapsed on them in Lindley, Eastern Free State at the weekend. The inspectors are currently probing circumstances surrounding the tragedy that befell the five who were digging the trench to install sewerage pipes at in Ntha Township where a construction worker was working about five meters deep when excavated sand fell on top of him. His four colleagues tried to assist him to get out of the sand when the whole trench collapsed on top of them and killed them instantly. Preliminary investigations have found that the employer has not registered the construction site with the Department of Labour. The Department is assisting the families of the deceased with preparing the relevant documents for The Compensation Fund as well as Unemployment Insurance Fund. The Department of Labour urges all employers and employees to ensure that workplaces comply with the regulations of the Occupational Health and Safety Act. Any enquiries in this regard can be directed to the Labour Center closest to the workplace. Labour Minister Membhathisi Mdladlana has sent his condolences to the families of the deceased.
Mdladlana reiterates need to ban labour brokers. SABC of 19 February 2009. 'Labour Minister, Membathisi Mdladlana, has reiterated the African National Congress' view that legislative amendments need to be made to current laws in order to ban labour brokers. He was addressing a Congress of South African Trade Unions (Cosatu) rally in Cape Town. Mdladlana says that research has already been conducted to examine the work of labour brokers and likened their work to trafficking. “We must make sure that we amend it because you are deeming people who are not employers as nominal employers, giving them a right to sell people.” At the same rally Western Cape Premier Lynne Brown said the provincial government will soon launch a stimulus package to assist struggling factories in light of the current financial turmoil. She says the package is aimed at saving jobs. About 400 workers are about to lose their jobs due to the closure of a motor component manufacturing plant in Atlantis on the Cape West Coast.
New workers' union to be launched in Gauteng. SABC of 17 February 2009. 'Former Cosatu president Willie Madisha has announced that a new workers' Federation will be launched in Gauteng before the end of this month. Madisha made the announcement at Secunda in Mpumalanga yesterday where he addressed thousands of workers. He says this federation will differ from Cosatu as it will focus on worker's issues instead of politics. “The problem is that the present trade union, particularly those organised under Cosatu, have become political parties instead of them looking into the problems that workers are faced with. They spend lots of money on rallies on a particular political party, instead of using those workers' resources to handle those issues.”
Teenager dies after freak manhole accident. IOL of 27 February 2009. 'A Johannesburg man walking under a bridge died minutes after a manhole he walked on swallowed him when its lid flipped over. Oscar Tsapi, 19, was walking under a bridge on Village Road in downtown Joburg on Wednesday when he fell. According to a witness, Tsapi was trapped by the ribs, leaving only his head and shoulders above the hole. "He managed to get himself out and sat next to the hole," Zenzo Msimanga said. Msimanga said they tried to call an ambulance, but when they couldn't get through, they stopped nearby metro police officers. They then called an ambulance, which arrived about 20 minutes later. Joburg Emergency Management Services spokesperson Percy Morokane said Tsapi was unconscious when paramedics got to the scene. "When we arrived, the guy was unconscious. His breathing was shallow and he had a faint pulse. There were no visible injuries to his body." He said that after calling for back-up, the paramedics put Tsapi on advanced life support, "but he didn't make it". Morokane said the cause of death would be established after a postmortem. Tsapi's 17-year-old brother Noah said he was told that his brother died of internal injuries. "They said his ribs were damaged, as well as his heart."
Worker dies at Anglo coal's Goedehoop mine. The Citizen of 18 February 2009. 'A mineworker was killed in an accident at Anglo Coal’s Goedehoop mine, trade union Solidarity said on Tuesday. The worker died on Monday after being hit by a vehicle, the trade union said. According to Solidarity spokesperson Jaco Kleynhans, the worker was admitted to hospital on Monday morning following the accident, but died in the afternoon as a result of his injuries. “Solidarity believes that although safety at coal mines has improved considerably over the past years, safety problems in the industry should still be kept under the magnifying glass,” the union said. According to the Department of Minerals and Energy, more than 58,000 mine workers are currently employed in the South African coal mining industry. “Based on the number of deaths at coal mines every year, it is, after gold and platinum mines, the third most dangerous mining sector in South Africa,” Kleynhans said. The department and mine management were already conducting an investigation into the cause of the accident, he said.
Minister warns intensified Labour Law enforcement top Government priority. DoL of 16 February 2009. 'Labour law enforcement throughout the country’s workplaces has become one of the government’s top priorities, Labour Minister Membathisi Mdladlana has warned. Addressing an Imbizo of domestic workers in Stellenbosch, Western Cape on Sunday, Minister Mdladlana said a general feeling right across the labour market spectrum had always been that law enforcement was in dire need of tightening up to curb the rampant workplace injustices. “We have since responded by appointing, for the first time, a national chief inspector who will be responsible for coordinating and professionalizing labour law inspectorate to ensure drastic increase in inspection visibility. We have to demonstrate strong intolerance of each and every employer that refuses to obey the law as we cannot have people turning our country into a banana republic,” he said. Minister Mdladlana stressed, however, that no amount of law enforcement would be enough without the workers themselves, particularly in the domestic sector, organizing themselves through trade unions. “The best and most effective inspector on any given day is the worker him/herself. If workers themselves to not understand their workplace rights and obligations, complete law enforcement would always be impeded to some extent.” The one-day Imbizo was preceded by a process whereby the hundreds of domestic employees of the area made use of government facilities at their disposal to register for various services, including Unemployment Insurance Fund and for inclusion in the national job-seekers database. In a wide-ranging interaction with the Minister and his top management team, workers and some employers posed a variety of questions aimed at helping them understand the law and their responsibilities even better. The Minister said he was pleased with improved labour relations in the domestic sector where more than 700 000 domestic employers and some 663 000 workers have been registered with the department thus far. The Minister will on Friday this week take his Imbizo campaign to the Eastern Cape where the Mkhubiso Burnshill rural community in Keiskamahoek will enjoy the same government services brought right at their doorstep.
Miner audit's minor clout. Financial Mail of 12 February 2009. 'The mine safety audit that Thabo Mbeki called for 18 months ago probably carries about as much clout as the ousted president does. Its findings are as predictable as the outcome of an SA vs Australia one-day cricket match. Minerals & energy minister Buyelwa Sonjica scolded industry for not being up to scratch, while the National Union of Mineworkers piped up from the back of the class about the industry's failings. And the Chamber of Mines says it will work hard to enforce the recommendations of the report released last week. Buyelwa Sonjica - Scolded the industry. But in the depths of SA's mines, workers are still dying. The report gives the mining industry an overall health and safety score of 66%, which sounds no more significant than the length of a piece of string. But it could at least serve as a benchmark for future audits. Under scrutiny were 355 "high-risk" mines. Included in the safety audit were specific aspects such as mine design and explosives control. Each aspect was rated from one to five, and then weighted by importance. The total scores were then tallied to get figures for different commodities and regions. The department of minerals & energy refuses to disclose individual mines' ratings, saying the intention was "never to name and shame". But Jaco Kleynhans, spokesman for trade union Solidarity, says naming the mines will highlight areas that need improvement. Surprisingly, the audit shows diamond and "other" mines (including base metals and quarries) have the worst health and safety ratings - not gold and platinum mines, which in fact cause most of the industry's deaths. Diamond miners scored 66% and "others" came in at a paltry 60%. Gold and coal both got 70% and platinum a C+ at 67%. Sonjica is unimpressed by the scores. "These audits have indicated there are a lot of gaps in the safety standards in the mining industry." What matters though is the fact that, on average, a mineworker died every second day in SA's mines last year. It is true, though, that both the number and rate of fatalities have declined over the past decade. Kleynhans says the report "didn't really include anything new... maybe it was a little disappointing". The compliance percentage figures are outdated, he says. The audit was completed by August last year and industry had already made big strides in safety by then. The month before the audit was completed, AngloGold Ashanti announced its first-ever death-free quarter. The audit was commissioned after 3 200 miners were trapped underground for many hours at Harmony's Elandsrand mine near Carletonville. The release of the audit was delayed after Mbeki was ousted and replaced by Kgalema Motlanthe, who was NUM secretary-general after his release from Robben Island. The chamber says most of the report's recommendations are already in the mining industry's roadmap to achieving "zero harm". In 2008, SA's mining deaths dropped by nearly a quarter to 168 from the previous year's 220. But it can be argued that government's strict policy in 2007 of shutting down each mine for a number of days after a death was more effective in cracking industry into shape. Now the industry has to worry about new punishments. Motlanthe is sitting with a bill that, if signed, could mean up to five years in prison or R3m in penalties for individuals found liable for fatalities. Chamber of Mines CEO Sipho Nkosi says the industry body wrote to the president in December asking him to review the bill. There has been various meetings since and Nkosi is confident there will be an amicable solution.
World's new deepest mine ‘safe, cheap' - AngloGold. Mining Weekly of 10 February 2009. ' The world's new deepest mine was both safe and low-cost, AngloGold Ashanti vice-president Southern Africa Johan Viljoen said of the Mponeng gold mine in South Africa, which had broken through the 3 777 m depth level to create a global record. Viljoen reported that the company had beaten the record held by Savuka gold mine, also an AngloGold Ashanti asset, for the past 28 years. "Last week, we actually went past the deepest point in the world, and every day that we blast at Mponeng, we are actually going deeper," he sold Mining Weekly Online. Important, was that the company had accomplished its task without a single fatality and only two lost-time incidents in the three-year period. "It's official, and we will now apply to the Guinness Book of Records," said Viljoen. The cash costs at Mponeng were far lower than any other deep-level mine, as well as many shallow mines, proving, said Viljoen, that "deep can also be cheap". He said the world's deepest mine was producing gold at $222/oz. Mponeng last year achieved a million fatality-free shifts and was runner-up in the fall-of-ground and the national safety campaign on low fatality, lost-time injuries and dressing cases. "It's leading stuff," Viljoen reiterated. With the current sink, the mine would go down to 4 100 m, which was another 300 m below the current record-breaking depth, and a prefeasibiity was under way for the Carbon Leader project, which would take Mponeng to 4 500 km below surface.
NUM’s political action ‘hurts mining industry’. Business Day of 9 February 2009. 'ATTEMPTS by National Union of Mineworkers (NUM) regional representatives to politicise mine accidents, demand punitive measures against management and put safety inspectors under pressure were causing financial harm to the industry, DRDGold CEO Niel Pretorius said on Friday. He said stoppages after accidents by the Mine Health and Safety inspectorate had now been limited to areas where the event occurred, and not the whole mine as it had been when the policy was first implemented. This was welcome, but there had been a noticeable increase in seismicity after stoppages and DRDGold’s rock engineers were studying whether the halt to production was causing a build-up of underground pressures. Last year DRDGold decided to stop underground mining at its ERPM mine on the East Rand after the death of two workers from gas inhalation. It decided the mine was unsafe because gas emissions were too unpredictable. The closure put 1700 people out of work. Pretorius said retrenchment costs of R34,4m had been fully expensed in the December quarter and the cost of keeping ERPM underground on care and maintenance was R2,5m a month. DRDGold had not received any acceptable offers for the operations, but they could be sold in the future. The company produced 60057oz of gold in the December quarter, 15% less than in the September quarter because of lower production at ERPM and tailings retreatment Crown operation, where the start of the Top Star dump reprocessing was delayed by a month. But revenue was unchanged at R476,8m because of the higher rand-gold price received. DRDGold’s revenue for the six months to December rose to R953,5m from R849,9m in the same period in 2007 and it turned around to make a headline profit of 24,1c per share from a previous loss of 9,2c. Pretorius said the group’s newest project, the Ergo retreatment operation, was on track to achieve the 600000 tons a month by April.
Tragedy hits Gautrain project . Newa24 of 9 February 2009. 'Tragedy hit the main site of the Gautrain project in Pretoria on Saturday when a construction worker accidentally drove over a colleague with a huge truck. The 42-year-old driver was not arrested, but is being investigated for culpable homicide after the 37-year-old victim, a Tembisa resident, died on the scene. The name of the man who died has not been released yet as his next of kin have not yet been informed. The truck was delivering one of several large M-beams to the site in Andries Street at about 7.40am on Saturday. Police spokesperson, Captain Tessa Jansen, said the truck was too big and long to enter the site's gate at the angle it had arrived and had to be manoeuvred to get in. "The victim, who was also in the truck, got out to direct the driver," she said. "He made him reverse and go forward several times so that the truck could get through the entry," Jansen said. Then the co-worker again directed the driver to move forward. "As the driver drove forward, he heard people screaming. "He stopped the vehicle and jumped out," Jansen said. He saw his colleague pinned underneath one of the giant wheels. Kelebogile Machaka, of Bombela, the company responsible for the construction of the Gautrain, said the truck and employees came from Transcor, one of their sub-contractors. Transcor is a transport company that specialises in the conveyance of abnormal loads. Machaka said the truck was en route to the Gautrain site to deliver the M-beam for a bridge that will go over Nelson Mandela Drive. "Bombela deeply regrets any fatalities and injuries on the Gautrain project, whether it is one of our employees or not," Machaka said.
Gold major slashes accident rate, eyes further improvement. Mining Weekly of 9 February 2008. 'Mining major Gold Fields has reiterated its commitment to safety, with the head of the group’s South African operations, Vishnu Pillay, describing safety as the “number one priority” at the company’s latest results presentation. “We have a simple, unambiguous strategy to manage the South African operations, and that is to focus on safety, which is the principal value and top priority in this organisation. We are quite happy to invest in safety – it is something that we want to do, and not something that is seen as a cost burden. This is a commitment that comes from the board, through to the executive and on to the operations. Under no circumstances will we relinquish our responsibilities in this respect, “ he said. Gold Fields CE Nick Holland said that the company did not distinguish between safety and production costs. “Safety is the key way we mine; everything is geared around that. Safety costs are part and parcel of what we do,” he said. Pillay commented that the issue of safety was not “a linear projection of the number of deaths and costs”, with a “significant moral issue” to be considered as well. “The executive team is extremely concerned about every fatality that we have. [We] have worked tirelessly to ensure that step changes in safety are made,” he said. He noted that the cornerstone of Gold Fields’ philosophy regarding safety was: “If we cannot mine safely, we will not mine.” Pillay said that all the company’s senior management had bought into this philosophy, and that its crews now understood this philosophy better, which had resulted in the benefits being seen in its safety performance. Commenting on the eight people who recently lost their lives at Gold Fields operations, Pillay said that the company aspired to have zero fatality and serious injury rates. It had decided that every crew in its South African operations that suffered a serious injury would be removed, and would be subjected to training for a day or two, to ensure that they understood the consequences of the accident, and the remedial action that should be taken going forward. Pillay noted that it took three days to get a mine running again after a day’s stoppage, so a day’s stoppage effectively meant a four-day stoppage. The company said it had experienced significant safety improvements for the quarter ended December 31, 2008, compared with figures for the previous quarter, with a 72% improvement in the fatal-injury frequency rate, a 29% improvement in the serious-injury frequency rate, and a 35% improvement in the lost-day injury frequency rate.
Mineworker dies in N Cape. News24 of 6 February 2009. 'A mineworker died at African Rainbow Minerals' Khumani mine on Friday morning, said the National Union of Mineworkers. Elliot Morwe, 37, from Shaleng village, near Kuruman, was killed when the truck he was driving hit the back of another truck at the open cast iron ore mine at 05:25, said ARM ferrous chief executive Jan Steenkamp. The bucket of the 200 ton truck in front penetrated the cockpit of the smaller truck being driven by Morwe, killing him, he said. Steenkamp said all operations at the mine had since been halted, pending an inspection by the department of minerals and energy. In the meantime, workers were receiving retraining on the procedures and policies around driving. The National Union of Mineworkers claimed that Morwe crashed after his repeated complaints of fatigue went ignored by his shift boss. "This worker was given only 30 minutes to rest after complaining of fatigue and when the time expired he asked for some more time but his shift boss is said to have ignored him," said Seshoka. He had been working a 12 hour shift at the time of the crash, he said. Khumani mine is near Khathu, in the Northern Cape, about 250km from Kimberley. "The National Union of Mineworkers urges the department of minerals and energy to get to the bottom of this and to ensure that if foul play and negligence is established, heads should roll," said Seshoka. Steenkamp said the claim would be investigated and action taken should it be found to be true. He said this was the first fatality at the mine, which was started two years ago and commissioned in June or July last year. It produces iron ore for export via Saldanha port. Describing Friday's incident as "unacceptable", Steenkamp said the mine was giving Morwe's family its support.
Worker dies in accident at mine. IOL of 6 February 2009. 'A worker died at African Rainbow Minerals' Khumani iron ore mine in South Africa when a truck he was driving collided with another, the National Union of Mine Workers and the company said on Friday. ARM spokesperson Jan Steenkamp said production at the mine was continuing as usual, but the area where the accident occurred had been closed for investigation. "There is no reason to stop production as this is an open-cast mine....but the area has been barricaded off and we are waiting for representatives from the Department of Minerals and Energy to arrive to start the investigation," he said. Mines in South Africa, the world's top source of platinum and a major producer of gold, have a 66 percent level of safety compliance, a recent safety audit of 355 mines nationwide revealed. Minerals and Energy Minister Buyelwa Sonjica said at the release of the report that tougher penalties were needed. Stricter safety laws passed by parliament last year which threaten jail time, as well as heavy fines for mine bosses, have caused concern among South African mining companies. The amendments to the Mine and Safety Act 1996 will give the state the power to impose fines of up to R1-million, up from R200 000, or five years in jail for mine bosses who ignore safety regulations. The amendments are yet to be signed into law.
Shoppers injured as rocks and stones rain down. The Times of 5 February 2009. 'ROCKS and stones rained over the Doornkloof shopping centre, in Lyttelton, near Pretoria, following an explosion at a nearby dolomite mine yesterday, Gauteng police said. Captain Colette Weilbach said the explosion at the Lyttleton dolomite mine at 11.40am injured three people, one of them seriously. The injured were in the shopping centre’s parking ground. The falling debris also damaged 12 cars in the parking ground. A complaint had been made at the Lyttelton police station about the mine’s handling of explosives, said Weilbach.
'It's raining rocks!'. News24 of 5 February 2009. 'Rocks rained down on people, cars and buildings in Centurion after an explosion at a local dolomite mine on Wednesday morning. Three people were injured after the explosion at about 11:30 at the Lyttelton dolomite mine bordering Botha Avenue. A piece of rock broke the left leg of David Malete, a gardener at the South African Revenue Service, when it hit him in the garden near the Doringkloof shopping centre. Hugo Minnaar, member of the LifeMed emergency staff, said Malete was in a serious but stable condition when they took him to the Unitas Hospital.A rock burst through the ceiling on the third floor of the nearby Soetdoring office building. Fortunately Marthie Erasmus, 50, was not at her desk at the time. "I heard a loud bang and thought it was a car bomb. "The rock hit the window sill, then the wall above my chair, and finally landed on my chair. If I had been sitting there, it might have killed me." Lieb Liebenberg, 58, was sitting outside at a restaurant at the shopping centre with his daughter, Susan Dry, 30, and a client. Liebenberg grabbed his daughter and the client and dove through the restaurant's door. "It was raining rocks and stones!" Twelve vehicles, among them an unmarked police vehicle, were damaged in the shopping centre's parking lot. Five cars parked in the Soetdoring building's parking lot were also damaged. Kobus Nagel, 49, of the Doringkloof Residents' Association, said an incident such as this last happened 10 years ago. "After what happened today, we will have to have a serious word with the mine management." James Duncan, spokesperson for the mine, said at this stage they couldn't say why the broken rocks and stones had come over the mine's protective wall. They are in contact with the Department of Mineral and Energy Affairs and an inquest in terms of current legislation was already under way, he said. In the meantime mining activities had been suspended pending the results of the investigation. Captain Colette Weilbach, police spokesperson, said the police were investigating a charge in terms of the Explosives Act. She asked people who had been affected to report it to the Lyttelton police station.
NUM: Safety audit 'extremely worrying'. M & G of 4 February 2009. 'The National Union of Mineworkers (NUM) on Tuesday said the Presidential Mine Safety Audit report released this week contained "extremely worrying trends". It also called industry comments on the report an attempt to "camouflage and paint the situation as rosy". The audit report, which was released on Monday, revealed that South African mining industry compliance with mine safety legislation is a mere 66%. Welcoming the report's release, the NUM said the 66% compliance rate confirmed its long-held view that mine health and safety is compromised in the interest of bonus payments. The NUM said it was also "appalled" that over 100 cases against mine bosses from as far back as the year 2000 have been allowed to pile up at the offices of the National Prosecuting Authority (NPA). "This is very worrying that the NPA can allow criminality to take place without any proper action," said the NUM general secretary Frans Baleni. "It is worrying that in cases where action has taken place, companies have been fined between R2 500 and R5 000 for negligently claiming the life of mineworkers," he added. The trade union said some of the worrying trends identified by the report include poor hazard-identification and risk-assessment processes, slow reporting of accidents, failure to submit occupational hygiene returns and others. "The NUM calls for a technical audit to be conducted as a matter of urgency as the current one is mainly and purely a compliance audit," the trade union said.Workers disunited by 'thuggery'. By Terry Bell. Busrep. 'Leading unions fragmented by drive for positions, patronage Political manipulation and a drive for positions, power and patronage are threatening the stability of at least two of the country's major trade unions.
Metrorail vows action on train smashes. The Citizen of 4 February 2009. 'Two accident-hit train lines resumed normal services on Tuesday, as Metrorail announced a number of safety interventions. “Metrorail has resumed normal services on both the Vereeniging and Springs lines after train collisions disrupted the train service last Monday night,” said Metrorail spokesman Sibusiso Ngomane in a statement. He said a number of safety checks and interventions would be implemented immediately, especially in terms of signalling infrastructure, equipment and practices. “A national plan for the upgrading of all signalling equipment is at an advanced stage; this will minimise incident risk and ensure speedy transit of trains,” said Ngomane. A zero tolerance policy would be adopted if train operations staff and drivers deviated from working rules, particularly signalling procedure. Earlier, SABC news reported that the SA Rail Commuter Corporation would invest R1.6 billion to upgrade the train signalling system over the next three years. This comes after signalling was identified as one the main possible causes behind the accidents which left hundreds of commuters injured. Ngomane said Metrorail would also be increasing the number of medical and substance abuse tests it conducted on its staff. While he was not aware of any specific accidents having been caused by substance abuse or health issues such as poor eyesight or hearing, increased testing would be a “precautionary measure”. Metrorail would like to conduct these kinds of tests and health checks both on a weekly basis; as well as occasionally as an ad-hoc measure.” Metrorail would also ensure up-to-date and experience-based driver training would be provided, said Ngomane. “To this end, the organisation is in the process of purchasing a simulator for train driver training. "Metrorail regrets these accidents and would like to thank its customers for their patience and understanding during this period,” said Ngomane. On Tuesday, SA Rail Commuter Corporation CEO Lucky Montana said that in Gauteng alone R800 million would be put aside over the next three years for signalling upgrades. “This is so that the signalling system can be world-class, can be reliable and we can move trains faster and more safely. “These measures will go a long way in making sure...that we deliver quality services to passengers,” he said. About 160 commuters, including a pregnant woman, were injured when a Johannesburg-bound Metrorail passenger train smashed into the back of another on Monday morning. Hours later in Springs, two other trains collided head-on, leaving 131 people injured.
Prohibition remains as Labour Inspectors probe Epol fatality. DoL of 8 February 2009. 'The prohibition notice that the Labour Department issued against pet food producer Epol earlier this week remains in force as investigations into Monday’s gruesome death of an employee at the company’s Pretoria West plant are still underway. The deceased worker was standing above a pit hole in the silo when a conveyor belt was started. He was subsequently conveyed into a pit, where he was covered by the raw product from the silos resulting in his untimely death. Investigations by Labour inspectors are continuing in terms of the Occupational Health and Safety Act and a report will be forwarded shortly to the Offices of the National Prosecuting Authority and the Department’s Chief Inspector Occupational Health and Safety for consideration. Labour Spokesman Page Boikanyo today (Thur) confirmed that the prohibition notice remained in force at the plant. He said the notice was forbidding entrance of any silo where the prescribed measures have not been complied with in terms of the Occupational Health and Safety Act, 85 of 1993, as amended..
Was the entire plant closed down via the Prohibition Notice or just that section of the plant where the accident occurred. If the former, it is illegal! If the rest of the plant / factory is safe an inspector CANNOT by law close it down. Only the sections of the plant that may pose a threat. This abuse must be stopped. RHL.
Mining safety a concern says Sonjica. Business Report of 3 February 2009. 'South African mines scored a "concerning" 66 percent in a safety audit, Minerals and Energy Minister Buyelwa Sonjica said in Pretoria on Monday. "The 66 percent should be of serious concern to all in mining," said the minister adding that gold mines had "not done well" on health risks management. Gold mines scored 53 percent in health risk management in the audit. "We think health and safety is a responsibility and obligation to all." Sonjica was releasing a safety audit ordered by former president Thabo Mbeki. The audit, of 355 mines, focused on the health and safety of mines in South Africa.
131 injured in train crash. News24 of 2 February 2009. 'More than 100 people were injured when two passenger trains collided head-on at Springs West train station in Ekurhuleni at 5.20pm on Monday afternoon. ER24 emergency medical services spokesperson Werner Vermaak said 131 commuters were injured but there were were no fatalities and no serious injuries. A a temporary medical station had been opened near the station on the corner of Plantation and Springs West roads. Patients were checked at the station before being taken to nearby hospitals who were on stand-by after the accident. Paramedics from Netcare 911, ER24, provincial emergency services and disaster management services were on scene. More services from the East Rand, from Pretoria and from Johannesburg were on stand-by. The cause of the accident was unclear and the line remained closed. Railway Safety Regulator spokesman Kwazi Kwaza confirmed that this was the second train accident in Gauteng on Monday. "Details of the incident are still very sketchy," Kwaza said adding that he was on his way to the scene. The regulator would urgently engage with the operator in order to ensure that no similar incidents occurred in the future. "In line with the decision relating to the earlier incident, the Railway Safety Regulator has decided to conduct its own investigation into the incident," Kwaza said. In a separate accident about 160 commuters, including a pregnant woman, were injured when two passenger trains rear-ended each other between the Lenasia and Midway stations about 7.15am on Monday.
Harmony reports fatality at Free State mine. Mining Weekly of 2 February 2009. 'A mineworker died in a locomotive accident at South African gold-miner Harmony Gold's Masimong mine, in the Free State province, the company said on Friday evening. Management and the Department of Minerals and Energy will begin investigations into the incident on Monday, the firm said.
Audit shows ‘gaps’ in SA mine safety standards – Minister. Mining Weekly of 3 February 2009. 'South Africa’s Minister of Minerals and Energy, Buyelwa Sonjica, on Monday released the long-awaited national Mine Safety Audit, which was ordered by past President Thabo Mbeki, to investigate compliance with safety regulations in mines across all sectors. The average compliance across all sectors was found to be at 66%, with some sectors performing better than others. Gold-mining operations scored an overall 70%, as did the coal sector. Platinum mines were found to be 67% compliant, followed by diamond-mining with an average 66%, and ‘other’ sectors with an average of 60% compliance. “These audits have indicated that there are a lot of gaps in the safety standards in the mining industry. We are, therefore, calling on all stakeholders involved in this sector to take the findings and recommendations of the report very seriously,” Sonjica said. She stated that the low-hanging fruit recognised, which took top priority in the recommendations, were the issues of maintenance of mining infrastructure, and the training of mineworkers. The audit focused on certain areas within mine health and safety, and these were: mine design; statutory reports; legal appointments; safety risk management; occupational health and safety (H&S) policy; health risk management; codes of practice; occupational H&S training; H&S representatives and committees; mine explosives control; mine water management; and public H&S. The four critical issues that were said to stand out with particularly undesirable results: firstly, mine design, which scored an average of 70%, and required interventions with regard to safer shaft installation, communication systems, back-up power, and secondary outlets. Secondly, and thirdly, health risk management, which scored an average 56%, and safety risk management, which scored a of 68% average, and required improved risk assessment and implementing controls. The fourth area of particular concern was that of H&S training, which scored an average of 66%. The training of H&S representatives was a particular problem area, and needed better training of managers in occupational H&S, as well as inspectors, and occupational H&S representatives. The Minister said that there were comprehensive recommendations in the report that addressed all established structures responsible for mine health and safety – including the Mine Health and Safety Council, mining companies, labour organisations, government departments, and the Mining Qualifications Authority. The report was not made available to journalists. Ministerial spokesperson Sputnik Ratau told Mining Weekly Online that stakeholders would have about two weeks to go over the audit in greater detail, whereafter another multi-stakeholder meeting would be held. Stakeholders should make plans as to how they could implement the recommendations made in the report. The audit recognised the severity of mine health and safety issues in mines, and would inform the agenda going forward, in trying to stop the significant number of deaths taking place in the South African mining industry. Mbeki ordered the safety audit in 2007, after 3 200 workers were trapped underground at Harmony Gold’s Elandsrand mine. There were 168 fatalities in the mining industry in 2008, and this compared with 220 in 2007. The Minister urged all stakeholders to build on this 24% improvement in safety statistics, which set a new benchmark for the mining industry. The South African Chamber of Mines welcomed the report and said it would respond to the recommendations therein, once it has had the opportunity to study the report in greater detail. The Chamber added that the release of the Presidential Audit was an opportune time to focus on compliance within the mining industry. “The Chamber calls on all stakeholders to thoroughly consider the findings and recommendations of this report and to work together towards preventative action and compliance, rather than allocating blame or introducing new punitive measures at a time when safety is significantly improving,” it said in a statement. Further, the Chamber added that this should be done under the auspices of the Mine Health and Safety Council. “It is only by jointly addressing compliance issues that there will be a continuation and, more importantly, an acceleration of the trend toward safety improvement in mining.” Trade union Solidarity also welcomed the release of the report and asked for speedy implementation of the recommendations. “Despite the improvement in the fatality rate in the mining industry over the past year, the industry’s compliance figure for safety is only at 66%. Accordingly, there is still a lot of room for improvement,” added Solidarity spokesperson Jaco Kleynhans.
PE man crushed by crane. The Citizen of 30 January 2009. 'A 30-year-old man was killed on Thursday when his head was crushed by a crane boom at Markman in Port Elizabeth, police said. Inspector Dumile Gwavu said the crane driver extended the boom in order to pick up a container loaded with scrap metal around 11.15 am. “At the time man who was the driver’s assistant was directing him, the cable of the boom broke off from the crane. A four-legged hook block fell on top of the assistant’s head, killing him instantly.” Police have opened an inquest docket. Gwavu said the name of the man would not be released until his relatives were informed of the tragedy.
Assault on inspector: Duo fined. News24 of 28 January 2009. ' The Ladysmith Magistrate's Court has fined two men R2 000 each for assaulting a labour inspector, the labour department said on Wednesday. The pair attacked the man on September 22 last year while he was inspecting their father's printing business in Ladysmith, spokesperson Page Boikanyo said in a statement. The inspector was "trying to discuss areas of labour law non-compliance" he found at the workplace when he was beaten up. He suffered a cut to the face, a bump on the head and cracked ribs. A contravention notice was later served on the employer for the occupational health and safety violation. The court imposed a R2 000 fine or three months imprisonment, suspended for five years, on each man. "A briefing session was also conducted at the workplace for both the employer and employees to raise awareness on the need for compliance regarding the basic conditions of employment," said Boikanyo. "An inspector of the department has the power to visit any employer at any time to conduct inspections. "Anyone who obstructs or hinders an inspector from performing this function, is breaking the law," Boikanyo said. The inspector had since returned to work.
Harmony aims to halve lost-time injury rate. Mining Weekly of 27 January 2009. 'Gold-mining major Harmony Gold is targeting a 50% improvement in the company's lost-time injury frequency rate (LTIFR) by the end of the year. CEO Graham Briggs reports that the targeted reduction – from ten lost-time injuries for every one-million work hours to five lost-ime injuries – is significantly higher than the 20% year-on-year improvement the company was aiming for in the past. The company has made significant improvements on its safety record over the past five years. Between 2003 and 2008, it slashed its LTIFR from 25 lost-time injuries for every one-million work hours to ten lost-time injuries. This announcement follows two challenging years for South African mines, with mine safety consistently under the spotlight. Briggs reports that Harmony has adopted a more practical approach to safety, rather than a theoretical approach. "There are still theoretical courses being run on mine safety, but the company feels that, if management takes an active step and puts what it teaches into practice, then more will be achieved," says Briggs. Another key measure that needs to be taken is tackling cultural challenges that are mine specific. Briggs states that the company realised that there were different safety cultures in the different provinces of the country. He adds that the company's policy on safety is open to adaptation, with senior managers in each province being encouraged to adopt safety standards that will be applicable to their province. He adds that the company has also adopted a system whereby it praises mines that put in good safety performances and deals harshly with those that perform unsatisfactorily from a safety point of view. One mine that was recently acknowledged by the company for its improving safety performance is Phakisa mine, in the Free State. During the last quarter of 2008, Phakisa mine reduced its LTIFR to 0,98 lost-time injuries for every one-million work hours. The mine reported 173 days of injury-free shifts and 96 lost-time-injury-free days.
Prioritise safety wear, local company urges mining houses. Mining Weekly of 27 January 2009. 'While South Africa embraces stringent health and safety legislation in the mining industry, uniform solutions company The Kit Group’s mining division operating officer, Richard Christophers, says that safety wear needs to play a greater role in the industry, especially in smaller, independent mines. Christophers tells Mining Weekly that while blue-chip mines have excellent safety policies, smaller, independently owned mines, which make up about 30% of the industry, do not implement the correct safety measures because they do not have the right infrastructure to enforce the policies. “Statistics show that 80% of miners exposed to 90 dBA on a continuous basis will develop hearing loss within three years. “Sixty-five per cent of hand injuries occur as a result of the supply of inadequate hand-protection gear. Money spent on safety clothing for an employee is never a waste and should never be compromised,” he says.He adds that the cost of providing safety wear far outweighs the medical expenses that may result from injuries sustained as a result of not wearing safety gear. Providing the correct safety gear for mineworkers should be seen as an investment, not only in the long-term sustainability of a mining business, but also in the long-term health and well- being of employees. “So often we hear of miners who have retired with hearing or sight impairments and lung diseases such as silicosis. The mines should take heed of this and ensure the protection of employees to the best of their ability.” Meanwhile, the company has started manufacturing a new brand of footwear. Significant research and development investment have been pumped into this project. Christophers indicates that this footwear is generally imported from China, and does not meet the needs of the South African market. “The average South African male has a much longer and broader foot, and the climate and terrain in South Africa is very different compared with China’s,” he says. The company is currently working on the development of a training and information service, which is an educational safety tool for mine managers and employees. The tool reminds mine man- agers and employees of basic safety tips, training workshops and when there is a need to replace old safety gear. “The mine operator should provide, free of charge, the personal protective equipment that is to be worn when hazards cannot be eliminated, and ensure that it is worn properly and maintained in good condition. “The SMS service allows them to practice such behaviour with due diligence,” says Christophers.
Minerals and Energy rapped for not finding inspectors. Cape Times. 'THE Department of Minerals and Energy has been rapped over the knuckles by MPs for spending millions of rands advertising posts and then failing to find crucially needed safety inspectors for mines'.. News24 of 27 January 2009. 'A woman is suing the KwaZulu-Natal provincial government for R1.1m over injuries she sustained in an accident allegedly caused by a massive pothole on the R33 between Keats Drift and Tugela Ferry on December 6, 2004. Hluphile Elda Zuma, 53, lost her arm after the accident. According to documents before Judge Jan Combrink in the Pietermaritzburg High Court, the pothole in question was allegedly nine metres long and 2.5 metres wide at its widest point. KZN Premier S'bu Ndebele and Transport MEC Bheki Cele are defending the part-heard case, which is proceeding in the high court this week. The driver of the taxi, Zamani Langa - who has been accused of negligent driving - and taxi operator DK Sithole, have been joined in the matter as third parties. Zuma alleges that provincial employees responsible for the upkeep of all provincial roads in KwaZulu-Natal were negligent for failing to keep the road in a safe condition. It is alleged on her behalf that those responsible for doing so, failed to regularly inspect the road, failed to repair the road, failed to erect signs warning motorists of the dangerous condition of the road and failed to close the road or sections of it until the potholes were repaired. It is alleged in the court papers that, as a result of their negligence, the vehicle in which Zuma was a passenger overturned, causing an injury which resulted in the amputation of her arm below the elbow, as well as other injuries. Her claim totalling R1 181 600 is for past and future medical costs, her disability, pain, shock, loss of earnings and loss of future earning capacity. According to court documents, Zuma worked as a chef at Church of Scotland Hospital in Tugela Ferry at the time of the crash, and could no longer continue with her work due to her injury. The province has pleaded that its responsibility to maintain provincial roads is governed by section 9 of the KZN Roads Act, which sets out that the minister is "within available financial resources" responsible for the construction and maintenance of provincial roads. They allege that their employees were not wilful or negligent, but did not do what they should have done "by reason of limited financial constraints". The province further alleges that the negligent driving of the taxi driver, contributed to or was the sole cause of the accident. The case is continuing. . The Citizen of 27 January 2009. 'When Dayne Hobb’s family decided to celebrate his eighth birthday at Zoo Lake, they had no way of knowing it would end in tragedy. Dayne was playing soccer with his friends near the corner of Westwold Way and Princess of Wales Drive when he slipped and grabbed on to a nearby grounding cable, sending thousands of volts of electricity through his body. His grandmother, Felicity Johnson, said: “Luckily, it happened near a group of people and one of the men leapt up and kicked at Dayne’s arm, knocking him free from the cable.” His friends ran off to get help and a doctor who was picnicking nearby went to Dayne’s aid as the family called for an ambulance. Emergency services cordoned off the area while Dayne was rushed to Garden City Clinic, where he is in a critical but stable condition. Johnson said: “The doctors are still concerned about the damage that might have been done to his heart. It is clear that there is an earth leakage problem there. It’s just so dangerous. “There were so many families and children there, not to mention the pedestrians who walk where the pole that the grounding cable is connected to is mounted. “We would like the community to be aware of the danger so no more people become victims of this negligence.” City Power spokesman Louis Pieterse said yesterday the matter was under investigation. . The Star of 26 January 2009. 'A worker was killed in an accident at Anglo Platinum's Paardekraal shaft two operation, the mining company said on Monday. The death occurred on Sunday above ground, spokesperson Simon Tebele said. A Section 54 notice had been issued and the Department of Minerals and Energy had ordered that all work be suspended at the shaft, Tebele said. Paardekraal shaft two is situated near Rustenburg.
Worker crushed to death by locomotives. IOL of 21 January 2009. ' A 33-year-old Transnet employee was crushed to death by two locomotives at the Louis Trichardt railway station in Limpopo on Tuesday, police said. "The locomotives were towing each other before being stationed at Louis Trichardt to be worked on by the employee," said Captain Ndwamato Vele. "The locomotive at the back then moved toward the one at the front, trapping the man in-between." He was stuck for some time before a technician managed to separate both locomotives. Paramedics declared him dead at the scene. Transnet spokesperson Mike Asefovitz said it was believed that the employee was crushed while he was busy with the shunting of the two locomotives. "He was either coupling or uncoupling the locomotives when the two came together and caught him in-between. We are not 100 percent sure about the circumstances surrounding the accident, but it is being investigated." Asefovitz said Transnet offered its condolences to the man's family. "This is a sad and tragic loss to the Transnet family," he said.
Blast at Kempton Park mall. 2 February 2012.
Blast search called off. 27 January 2010.
Crane topple in Camps bay. 1 October 2009. Caused by gale force winds.
Mpumalanga road closed after bridge collapse. 1 October 2009. 
Cosatu calls for labour law review. 24 September 2009.
OHS Act section 32 Formal Inquiry into the ‘Roodepoort Collapse’ case starts on Tuesday 26 September 2009. 
A raw deal for miners who contract lung disease. 
Safety in construction to improve with proposed amendments. 18 September 2009. Engineering News. 
Workplace safety a joint responsibility - Labour Minister. DoL.
Probe puts spotlight on suppliers after fatal collapse. Cape Times 27 August 2009.
SA plans tougher safety obligations to improve 'unacceptable' mine death rate. 4 September 2009. 
Boland factory fire claims thirteenth victim. 18 May 2009. 
Investigations underway to determine cause of Cape Town hostel fire. 15 May 2009.