MINE HEALTH AND SAFETY ACT: GUIDELINE FOR A MANDATORY CODE OF PRACTICE FOR MINIMUM STANDARDS ON GROUND VIBRATIONS, NOISE, AIR-BLAST AND FLYROCK NEAR SURFACE STRUCTURES AND COMMUNITIES TO BE PROTECTED 

Title: Mine Health and Safety Act 29 of 1996 (“MHSA”): Guideline for a Mandatory Code for Practice for Minimum Standards on Ground Vibrations, Noise, Air-Blast and Flyrock near Surface Structures and Communities to be Protected 

Gazette reference: GN 5097 in GG 51003 on 2 August 2024 

Commencement date: 1 November 2024 

On 2 August 2024, the Chief Inspector of Mines, in terms of section 49(6) read together with sections 9(2) and 9(3) of the MHSA as amended, issued the Guideline for a Mandatory Code of Practice for Minimum Standards on Ground Vibrations, Noise, Air-blast and Flyrock near Surface Structures and Communities to be Protected. 

Mining companies have approximately three months to draft and implement the Guideline before it takes effect on 1 November 2024. 

OCCUPATIONAL HEALTH AND SAFETY ACT: EXPLOSIVES REGULATIONS, 2024: RADIO FREQUENCY DEVICE GUIDELINES 

Title: Occupational Health and Safety Act 85 of 1993: Explosives Regulations, 2024: Radio Frequency Device Guidelines 

Gazette reference: GN 5048 in GG 50960 on 23 July 2024  

Commencement date: 23 July 2024 

On 23 July 2024, the Minister of Employment and Labour, in terms of section 43 of OHSA, made the Explosives Regulations, 2024. These regulations apply to any employer, self-employed person or user who operates an explosive workplace for the purpose of manufacturing, testing, storing or using explosives. These Regulations also repeal the Explosives Regulations, 2002. 

These Regulations also introduce the Radio Frequency Device Guidelines (“the Guidelines”) (regulation 6(3)(c) of the Regulations). 

These Guidelines are applicable to: 

  • All persons involved in explosives workplace under Explosives Regulations, 2003; 
  • Any explosives manager who intends to introduce radio frequency (RF) devices within the Danger Area; the Guidelines make provision for, amongst others, the condition that every explosives manager intending to introduce radio frequency devices inside the danger area shall notify the chief inspector within 90 working days of the promulgation of the Regulations. 
  • Intentional Transmitters that are either Type Approved Equipment or Spectrum Licensed Equipment intended for use in the Danger Area. 

OCCUPATIONAL HEALTH AND SAFETY ACT: ASBESTOS ABATEMENT REGULATIONS, 2020 

Title: Occupational Health and Safety Act 85 of 1993 (“OHSA”): Asbestos Abatement Regulations, 2020 as amended 

Gazette reference: GN 5042 in GG 50930 on 12 July 2024 

Commencement date: 12 July 2024 

The Minister of Employment and Labour, under section 43 of the OHSA, made the following amendments to regulation 24 of the Asbestos Abatement Regulations, GNR 1196 published on 10 November 2020 by adding the underlined text: 

“24. Prohibitions 

No person may – 

(f) use electrical power tools, such as angle grinders, or any other fast-moving equipment to cut, grind or drill asbestos-containing material; Provided that slow moving tools may only be used where the activity is part of asbestos containing material removal for final disposal; 

(j) make any installation or fitting on or onto asbestos containing materials.” 

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES: VARIOUS REGULATIONS FOR COMMENTS 

Title: Compensation for Occupational Injuries and Diseases Act 130 of 1993: Various Regulations for Public Comments 

Gazette reference: GN 4836 in GG 50668 of 17 May 2024 

Deadline for public comments: 17 June 2024 

On 17 May 2024, the Minister of Employment and Labour, in terms of section 97 of the COIDA, published Regulations for public comment. 

These Regulations are related to: 

  • Prescription period of claims; 
  • Inspections in terms of Chapter XA (Inspection, Compliance and Enforcement); and 
  • Third parties who transact with the Compensation Fund in relation to the administration of the COIDA in terms of section 73(4). 

Members of the public can submit written comments by 17 June 2024 to Sifiso.Dlamini@labour.gov.za

COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT: REGULATIONS FOR PUBLIC COMMENT 

Title: Compensation for Occupational Injuries and Diseases Act 130 of 1993 (“COIDA”): Regulations for Public comments 

Gazette reference: GN 4813 in GG 50646 of 10 May 2024 

Deadline for public comments: 10 June 2024 

On 10 May 2024, the Minister of Employment and Labour, after consultation with the Compensation Board, in terms of section 97 of the COIDA, published Regulations for public comment. 

These Regulations are issued exclusively regarding the following: 

  • Prescription period of claims; 
  • Inspections in terms of Chapter XA (Inspection, Compliance and Enforcement); and 
  • Third parties who transact with the Compensation Fund in relation to the administration of the COIDA in terms of section 73(4). 

Members of the public can submit written comments by 10 June 2024 to Sifiso.Dlamini@labour.gov.za.