Mine deaths decreased in 2008, says DME. Mining Weekly of 16 January 2009. 'The number of workers who lost their lives in South Africa's mining industry fell in 2008, the Department of Minerals and Energy (DME) confirmed last week. However, the DME's inspector of mines, Thabo Gazi, would not be drawn on how many fatalities were recorded in 2008, as the department was finalising its statistics, which it would release by the end of this month. Trade union Solidarity in December reported that 168 workers had died in mining accidents in 2008, a 23% decline on the 221 workers who died in 2007. Gazi attributed the decline in fatalities to the work of the inspectorate, which he said was more focused on problem areas during the year. "We took necessary actions where necessary, we stopped operations, we issued fines, and, generally, this heightened people's attention to the need to address health and safety issues," commented Gazi. Chamber of Mines (CoM) safety and sustainable development adviser Sietse van der Woude said the decline in fatalities could be attributed to a number of actions taken by government, unions and mining companies. "Companies take health and safety very seriously. All the companies have put very elaborate programmes in place to improve safety, and that certainly contributed very significantly to the improvements," he asserted. Van der Woude said that, while the production cuts and mine shutdowns at the end of 2008 would have contributed to the decline in fatalities to some extent, this would not have played a major role in the 2008 statistics. He noted that the improvement in the fatality numbers had been mostly achieved in the early part of the year. Meanwhile, Gazi commented that the new Mine Health and Safety Amendment Bill, which would enforce stricter penalties on mining companies and hold CEOs criminally liable for fatalities at mines, would lead to a further decline in mining fatalities. "That amendment was purely driven by the very fact that we have legislation that is not enforceable and that provides no incentive for people to do the right thing. I have no doubt that it will really help us to drive the health and safety agenda," he said. The Bill was passed by Parliament in November last year, but would still have to be signed into law by President Kgalema Motlanthe. However, Van der Woude said the Bill was not the right approach to follow to improve health and safety in South African mines, noting that the Bill would rather be counterproductive. He asserted that the approach of the Bill did not get the balance between punitive and preventative measures right. "We believe that there should be punitive measures, but these should be very well balanced with measures that prevent accidents from happening," he said, adding that the measures would only place blame after an accident or fatality, but would not succeed in preventing accidents and fatalities.

Implats closes Rustenburg shaft after mine death. Mining News of 10 January 2009. ' World number-two platinum producer Impala Platinum (Implats) has confirmed that a worker at its No 14 shaft, in Rustenburg, has died. Implats spokesperson Alice Lourens said that the worker had been part of a team carrying a ventilation pipe, which fell onto him. The worker sustained serious head injuries. The Department of Minerals and Energy (DME) had conducted an inspection and issued a Section 54 notice. The shaft would remain closed until the DME and Implats management met on Monday to decide on what further steps had to be taken. The DME's inspector of mines, Thabo Gazi, earlier this week confirmed that South Africa's mine fatality numbers had declined in 2008. The department would finalise its statistics and release its report by the end of this month. About 168 mine workers had died in South Africa's mines last year.

SA platinum sector suffers two mine deaths. Mining News of 14 January 2009. 'Two JSE-listed platinum companies on Wednesday reported that they had closed shafts at their operations, after two workers were killed in mine accidents. Northam Platinum reported a shaft-related accident at a mine in Limpopo, while Anglo Platinum (Angloplat) said a worker at its Rustenburg operation had been killed. Northam spokesperson Marion Bower said that the shaft in which the accident had occurred had been closed during the investigation by the government, union and management representatives, and that production losses would be minimal. Meanwhile, newswire Reuters quoted Angloplat spokesperson Simon Tebele as saying that the company had closed the shaft at the Rustenburg mine immediately after the accident, to allow for investigations. It was unclear how much output would be lost, he said.

Tragedy hits construction site. IOL of 12 January 2009. 'Police have opened an inquest docket into the death of a 40-year-old Mozambican worker who fell to his death at a construction site at the weekend. Elias Titosse was part of a team of Mvelapanda Construction company workers building an office block at the Unisa campus when he slipped and fell to his death. The men were removing boards used to keep slabs still until they dried to re-use them on the first floor of the three-storey building. Witnesses say the group had stopped working as it had started raining. The men resumed work when the rain stopped falling. "We were removing the last board and he was at the corner while other corners were held by the other guys.  "He said something but we could not hear what it was and when we looked he had fallen," said a colleague who declined to be named.  The accident happened at 12.30pm on Saturday and police were called to the scene. The group rushed to where Titosse had fallen and tried to speak to him.  "He was with us for a while as we tried to speak to him to keep him conscious.  "A few minutes later he closed his eyes and that was it - he was gone," said the worker.  His body, dressed in a blue overall and with brown safety boots, lay in a pool of blood with a wound to the back of the skull on the site near heavy metal and logs of wood. Police spokesperson, Inspector Masilo Mashiane, said Titosse was certified dead when paramedics from the Tshwane Emergency Services arrived on the scene. Titosse started working for the construction company in October last year. He earned R80 a day. He lived with his brother in Tembisa and had been living in the country for many years.  He received his South African citizenship in 1997.  His colleagues described him as a quiet person.

Probe into fatal collapse of wall starts. IOL of 15 January 2009. 'The Department of Labour is investigating the collapse of a wall on to 13 sub-contractors during a storm at a construction site in Centurion on Tuesday. The violent storm, which hit the area near Eco Park Boulevard, pushed over a wall on to the workers taking shelter from the strong wind and driving rain. One person later died at Unitas Hospital while two others are still at Kalafong and Steve Biko Academic hospitals. The remainder of the injured men were treated and discharged that same night. M&T Development - the principal contractor at the site - said the deceased had been identified, but could not provide his details. Speaking from his bed in Kalafong Hospital, Darius Ngalo said he remembered very little of the incident. "I don't know what happened. "We were hiding from the rain and next thing the wall came down. I remember the bricks being on top of me, and then waking up in hospital," he said. Ngalo hurt his leg, arm face and chipped a tooth and will remain in hospital for several more days. He said he had been working on the site for about four months and received R130 a day.  He could not remember his employer's name. It has since emerged that none of the workers were registered in terms of the Workman's Compensation Act. Department of Labour spokesperson Page Boikanyo said it was too early to comment on the investigation, but the department would release a preliminary report today. M&T Development safety officer Francois Kloppers said they were conducting their own investigation. He said he still needed to schedule a meeting with the various sub-contractors to determine who exactly was injured.  He could not comment on claims that the men were not registered in terms of the act. "According to law and regulations, all workers must be registered for workman's compensation.  "We do not allow workers on site if they are not registered," he said.  Kloppers could not say why these men were on site. Kloof Medi-clinic spokesperson Johan Dednam said five patients were admitted to their trauma unit at about 4.30pm, but transferred to Kalafong Hospital at about 6pm. "Their employer said the men were casual workers and not registered (in terms of the) WCA. "We stabilised them before they were transferred. If they were registered they could have been admitted because our doctors could claim from the Workman's Compensation Fund," he said.  A paramedic whose company transported two patients from the scene said this meant they would have to recover the costs of the transfer - at R3 000 per patient - from the employer or the patient which was often fraught with difficulty.

Stadium death investigated. IOL of 17 January 2009. 'Green Point Stadium contractors Murray & Roberts/WBHO and Martin & East have launched an investigation into its first on-site tragedy after a worker got trapped and killed by a dump truck carting material to a nearby storage stockpile. Sivuyele Ntlongotya, 26, died in hospital in the early hours of yesterday morning after he was injured.  In a statement released late yesterday, stadium project manager Andrew Fanton said the incident occurred at about 1.30pm on Wednesday and involved a Martin & East articulated all terrain dump truck that had been carting material to a storage stockpile adjacent to the new stadium construction site. "It is with regret that we advise of a fatality involving an employee of our external works subcontractor Martin & East," said the statement. "Upon notification of the accident the deceased was immediately transported by ambulance to the Vincent Pallotti Hospital where he unfortunately passed away at approximately 9pm.  "A detailed investigation by the Murray & Roberts/WBHO Joint Venture and Martin & East is currently under way to establish the direct cause of the accident." The report will also be issued to the Department of Labour. Fanton said he was unable to release any further personal particulars of the deceased until he received the necessary permission from the next of kin. Police spokesperson Inspector Bernadine Steyn said Sea Point police were investigating a case of culpable homicide. Eugenia Peter, regional co-ordinator of the Building, Construction and Allied Workers' Union, said they would conduct their own investigation into the circumstances surrounding the man's death.

Worker dies at stadium. IOL of 15 January 2009. 'A Green Point stadium construction worker has been killed on site, in the first human tragedy to befall the project, which has been dogged by strikes and funding issues. The city's 2010 technical director Dave Hugo confirmed on Thursday morning that a man had been killed by a truck on site last night, but was awaiting further details as contractors were locked in early-morning meetings, piecing together what had happened. The man worked for civil engineering firm Martin and East, a sub-contractor to the Murray and Roberts/WBHO consortium which is building the stadium. Hugo said it was the first fatality on site since construction began almost two years ago. "The city is awaiting feedback from the site where an investigation and review of what happened is underway," he said. Hugo said it appeared that the accident occurred after the 5pm close of business on site. Project director for Murray and Roberts/WBHO Andrew Fanton would not provide details of the incident at the time of going to press, saying a statement would be released later in the day. "We are still trying to get around what happened. This is a very serious issue that is being dealt with with focus," he said. During an interview with the Cape Argus on the site's safety plan last year, Fanton said a "high degree of vigilance and caution", from all workers, had been their "success recipe" for not having a single on-site incident last year. Contractors were constantly working towards creating a safe environment for everyone, he said. "Everyone knows their rights and responsibilities. We continuously create a level of awareness and have daily dialogue with our workers around safety." None of the workers the Cape Argus spoke to on site on Thursday morning were aware of the incident. Eugenia Peter, regional co-ordinator of the Building, Construction and Allied Workers' Union, said on Thursday that the union would investigate the circumstances of the death. She conveyed the union's condolences to the man's family and fellow workers. "We don't know the circumstances and will investigate exactly what happened," said Peter. "This is the first major incident at any of the new World Cup construction sites across the country. Spokesperson for the 2010 Local Organising Committee (LOC) Jermaine Craig confirmed that a worker had been killed and expressed the LOC's sincere condolences to the man's family. He said the LOC was convinced that the contractor had followed the correct safety measures and the incident had been an accident.

A worker at national oil company PetroSA's Mossel Bay gas-to-liquids refinery on Tuesday fell to his death while cleaning a vessel located within the refinery. PetroSA on Wednesday reported that emergency personnel could not resuscitate the employee. PetroSA acting vice-president of operations Michael Nene said in a statement that the company would launch an internal investigation into the incident.

M&R Cementation employee killed in Impala mine accident. Mining News of 2 December 2008. 'An employee of Murray & Roberts Cementation died at the weekend following an accident, at a Impala Platinum mine. This brought the death toll in South Africa's mines to 155 for the year. Trade union Solidarity on Monday reported that the employee had died of serious head injuries following an underground rock fall at the miner's Shaft 20 on November 27. "Safety should be every employer's highest priority. The safety crisis at South African mines will only improve if all the role-players put all their cards on the table and start working together," commented Solidarity spokesperson Jaco Kleynhans. Murray & Roberts Cementation MD Henry Laas confirmed the fatality. Laas said that the Department of Minerals and Energy had concluded an investigation at the shaft on Friday and had not halted production.

Be safe or go to jail. The Times of 25 November 2008. ' New laws hold mining bosses criminally liable if guilty of unsafe mining. A NEW law that can make mining bosses criminally liable for any of their workers’ deaths has been cheered by unions, but slammed by industry executives. The new mine safety laws are contained in the Mine Health and Safety Amendment Act, which was approved by Parliament last week but must still be signed into law by President Kgalema Motlanthe in the next seven days. The Act makes for stricter penalties and stipulates that investigations into mine accidents must be held within 10 days and that a report be completed within 30 days. Speaking at the Chamber of Mines’ 118th annual meeting earlier this month, chamber president Sipho Nkosi described the legislation as an “imposition of a liability of a most oppressive nature”. The new laws make provision for heavier penalties for mining companies, increasing fines from R200 000 to R1-million. “An extremely damaging consequence of these Draconian proposals — should they be implemented — is that the South African mining industry will lose the services of a considerable number of highly skilled managerial and supervisory employees,” said Nkosi. He pointed out that the reality is that mining often takes place in a hostile and dangerous environment. “This is particularly true in our country, which has the world’s deepest underground operations.” “Many will choose to export their skills to somewhere else in the world where they are not faced with the threat of imprisonment and inflationary fines for events over which they have no realistic control,” Nkosi said. According to Frans Baleni, general secretary of the National Union of Mineworkers (NUM), a chief executive can be charged with industrial culpable homicide if he or she or the mine manager is found guilty of causing an unsafe working environment. NUM spokesman Lesiba Seshoka said: “We are excited that we can now see a chief executive of a mine going to rot in jail for unsafe mining. “We will definitely see an end to a monopoly over lives, because in the past it used to seem as if workers didn’t have the right to live. “Now all those who force workers to work under dangerous conditions will have to face the music.” Jaco Kleynhans, a spokesman for trade union Solidarity, said it was important that all parties monitored the enforcement of the new laws. “We welcome the new laws because it is what unions have been asking for,” Kleynhans said. “This country needs more mining regulations because mining companies had a lot of time in the past to improve safety levels in mines.” A mine executive, who asked not to be named, said: “These new laws are unrealistic in many ways. “For instance, if an inspector closes a mine after rendering it unsafe, we are still battling to see how this would later be retracted. Such an action will obviously hamper the overall mine administration. “Another problem is that this will make it very difficult for mining companies to retrain the senior skilled workforce because of the fear of incrimination, regardless of one’s efforts towards safe mining.” According to the department of minerals and energy, there have been 156 fatalities in South African mines since the beginning of the year.

New legislation to enforce health and safety rules in mines. Busrep.  'A maximum fine of R1 million and a maximum term in prison of five years can be imposed according to new legislation guarding mine health and safety that was tabled in parliament last week. In terms of the memorandum of the Mine Health and Safety Amendment Bill, tabled by minerals and energy minister Buyelwa Sonjica, the ordering of compliance with the Mine Health and Safety Act would form the core business of the mine health and safety inspectorate. The chief inspector of mines would have wide statutory powers and inspectors would be able to enter any mine at any time, conduct inspections, question persons and examine documents. If dissatisfied with conditions at the mines, inspectors could order compliance, give instructions for improvement within a specified time, conduct further investigations and recommend prosecution when an offence has been committed. The amendment bill seeks to amend the act to review the enforcement provisions, tighten offences and strengthen penalties. Last week Thabo Gazi, the deputy director-general and chief inspector of mines with the department of minerals and energy, said the standard of adherence with safety was worrying. He noted that President Thabo Mbeki had ordered a safety audit of 333 mines, which was expected to be handed in by the middle of next month. Deaths in mining accidents rose 11 percent during 2006 to 221 incidents, the minerals and energy committee heard. Gazi told MPs that the intention of the legislation was not to punish transgressors, but to prevent accidents. The tendency was for mining firms to keep reasons for accidents confidential to protect themselves from prosecution. This legislation required that confidential accident reports be made public. Gazi reported that the average age of safety experts on mines was moving higher. In terms of the legislation, money received by the chief inspector of mines in payment of fines must be paid into a fund established and controlled by the chief inspector and used for the promotion of health and safety in the mining industry. Click here for a copy of the Bill.

SA passes new mine safety bill. Business Day of 22 November 2008. 'PARLIAMENT on Friday passed new mine safety laws which enforce stricter penalties and hold mine CEOs criminally liable for deaths in some of the world’s deepest mines. The mining industry, represented by the Chamber of Mines (CoM), has criticised as “too punitive” laws which make provision for heavier penalties to be levied against companies, increasing fines to R1m from R200 000. The CoM has also questioned the insertion of a criminal liability clause, allowing chief executives and managers to be prosecuted should they be found guilty of causing serious injury or deaths. “The (law) is premised on the principle that the responsibility for health and safety lies with the employers (owners of mines),” read a memorandum attached to the final bill. SA, the world’s number one platinum producer and top gold exporter, has a dire underground safety record and saw 221 mine deaths last year, up from 200 in 2006. The high mine death toll has prompted government to temporarily shut down mining operations after fatal accidents, further reducing output in an industry already suffering from the effects of an ongoing power crisis. Mine unions, which during public hearings discussing the bill argued for higher penalties, have recently stopped work at mines whenever a death occurred. The new laws, which must still be signed by President Kgalema Motlanthe before becoming effective, also made provision for mine accident investigations to be held within 10 days and a report completed within 30 days. Mine safety inspectors are empowered to enter any mine at any time, question persons and examine documents, and can shut down mines if there is non-compliance with safety instructions. More

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