A. Definitions

Question 0

What is the definition of “chief executive officer”?

Answer 0

“chief executive officer” means the person who is responsible for the overall management and control the business of an employer.

Question 1

What is the definition of “biological monitoring”?

Answer 1

“biological monitoring” means a planned programme of periodic collection and analysis of body fluid, tissues, excreta or exhaled air in order to detect and quantify the exposure to or absorption of any substance or organism.

Question 2

What is the definition of “Chief Inspector of Mines”?

Answer 2

“Chief Inspector of Mines” means the officer appointed in terms of section 48(1) and includes any officer acting in that capacity.

Question 3

What is the definition of “Commission”?

Answer 3

“Commission” means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Labour Relations Act.

Question 4

What is the definition of “Constitution”?

Answer 4

“Constitution” means the Constitution of South Africa.

Question 5

What is the definition of “Council”?

Answer 5

“Council” means the Mine Health and Safety Council established by section 41(1).

Question 6

What is the definition of “Department”?

Answer 6

“Department” means the Department of Minerals and Energy.

Question 7

What is the definition of “employee”?

Answer 7

“employee” means any person who is employed or working at a mine.

Question 8

What is the definition of “employer”?

Answer 8

“employer” means owner.

Question 9

What is the definition of “engine”?

Answer 9

“engine” means any appliance or combination of appliances by which power, other than human or animal power, can be applied to do mechanical work.

Question 10

What is the definition of “hazard”?

Answer 10

“hazard” means a source of or exposure to danger.

Question 11

What is the definition of “health”?

Answer 11

“health” refers to occupational health at mines.

Question 12

What is the definition of “health and safety committee”?

Answer 12

“health and safety committee” means a health and safety committee established in terms of section 34.

Question 13

What is the definition of “health and safety equipment”?

Answer 13

“health and safety equipment” means an article or part of an article that is manufactured, provided or installed in the interest of health or safety of any person.

Question 14

What is the definition of “health and safety representative”?

Answer 14

“health and safety representative” means an employee elected and appointed in terms of section 29.

Question 15

What is the definition of “health and safety standard”?

Answer 15

“health and safety standard” means any standard, irrespective of whether or not it has the force of law, which, if applied for the purposes of this Act, will in the opinion of the Minister promote the attainment of an object of this Act.

Question 16

What is the definition of “health hazard”?

Answer 16

“health hazard” means any physical, chemical or biological hazard to health, including anything declared to be a health hazard by the Minister.

Question 17

What is the definition of “health threatening occurrence”?

Answer 17

“health threatening occurrence” means any occurrence that has or may have the potential to cause serious illness or damage to health.

Question 18

What is the definition of “healthy”?

Answer 18

“healthy” means free from illness or injury attributable to occupational causes.

Question 19

What is the definition of “inspector”?

Answer 19

“inspector” means an officer appointed in terms of section 49(1)(c), a Medical Inspector and any Principal Inspector of Mines.

Question 20

What is the definition of “Labour Court”?

Answer 20

“Labour Court” means the Labour Court established by section 151 of the Labour Relations Act.

Question 21

What is the definition of “Labour Relations Act”?

Answer 21

“Labour Relations Act” means the Labour Relations Act, 1995 (Act No. 66 of 1995).

Question 22

What is the definition of “machinery”?

Answer 22

“machinery” means any engine, boiler or appliance or any combination of them, which is situated at a mine and used or intended to be used-

a) for generating, developing, receiving, storing, converting, transforming, transmitting or distributing any form of power or energy; or
b) for conveying person, material or minerals.

Question 23

What is the definition of “manager”?

Answer 23

“manager” means any competent person appointed in terms of section 3(1)(a).

Question 24

What is the definition of “Medical Inspector”?

Answer 24

“Medical Inspector” means a Medical Inspector appointed in terms of section 49(1)(b).

Question 25

What is the definition of “medical practitioner”?

Answer 25

“medical practitioner” means a medical practitioner as defined in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974).

Question 26

What is the definition of “medical surveillance”?

Answer 26

“medical surveillance” means a planned programme of periodic examination, which may include clinical examinations, biological monitoring or medical tests, of employees by an occupational health practitioner or by an occupational medical practitioner contemplated in section 13.

Question 27

What is the definition of “mine”?

Answer 27

“mine” means, when-

a) used as a noun-
i. any borehole, or excavation, in any tailings or in the earth, including the portion of the earth that is under the sea or other water, made for the purpose of searching for or winning a mineral, whether it is being worked or not; or
ii. any other place where a mineral deposit is being exploited, including the mining area and all buildings, structures, machinery, mine dumps, access roads or objects situated on or in that area that are used or intended to be used in connection with searching, winning, exploiting or processing of a mineral, or for health and safety purposes. But if two or more excavations, boreholes or places are being working in conjunction with one another, they are deemed to comprise one mine, unless the Chief Inspector of Mines notifies their employer in writing that those excavations, boreholes or places comprise two or more mines; or
iii. a works; and
b) used as a verb, the making of any excavation or borehole referred to in paragraph (a)(i), or the exploitation of any mineral deposit in any other manner, for the purpose of winning a mineral, including prospecting in connection with the winning of a mineral.

Question 28

What is the definition of “mineral”?

Answer 28

“mineral” means any substance, excluding water, but including sand, stone, rock, gravel and clay, as well as soil, other than top soil-

a) whether that substance is in solid, liquid or gaseous form;
b) that occurs naturally in or on the earth, in or under water or in tailings; and
c) that has been formed by or subjected to a geological process.

Question 29

What is the definition of “Mineral and Petroleum Resources and Development Act”?

Answer 29

“Mineral and Petroleum Resources and Development Act” means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).

Question 30

What is the definition of “mining area”?

Answer 30

“mining area” means a prospecting area, mining area, retention area, exploration area and production area as defined in section 1 read with section 65(2)(b) of the Petroleum and Mineral Resources and Development Act, 2002 (Act No.28 of 2002).

Question 31

What is the definition of “Minister”?

Answer 31

“Minister” means the Minister of Minerals and Energy”

Question 32

What is the definition of “occupational disease”?

Answer 32

“occupational disease” means any health disorder including a compensatable disease as contemplated by the Occupational Diseases in Mines and Works Act, 1973 (Act No.78 of 1973), and an occupational disease contemplated by the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No.130 of 1993)

Question 33

What is the definition of “occupational health”?

Answer 33

“occupational health” includes occupational hygiene and occupational medicine.

Question 34

What is the definition of “occupational hygiene”?

Answer 34

“occupational hygiene” means the anticipation, recognition, evaluation and control of conditions at the mine, that may cause illness or adverse health effects to persons.

Question 35

What is the definition of “occupational medicine”?

Answer 35

“occupational medicine” means the prevention, diagnosis and treatment of illness, injury and adverse health effects associated with a particular type of work.

Question 36

What is the definition of “occupational medical practitioner”?

Answer 36

“occupational medical practitioner” means a medical practitioner who holds a qualification in occupational medicine, or an equivalent qualification, recognised by the Health Professions Council of South Africa.

Question 37

What is the definition of “officer”?

Answer 37

“officer” means a woman or man who has been appointed permanently despite the fact that such appointment may be on probation to a post contemplated in section 8(1)(a) of the Public Service Act, 1994 (Proclamation Nol.103 of 1994) and includes a woman or man contemplated in section 8(1)(b) or 8(3)(c) of that Act.

Question 38

What is the definition of “organism”?

Answer 38

“organism” means any biological entity which is capable of causing illness to persons.

Question 39

What is the definition of “owner”?

Answer 39

“owner”-

a) in relation to a mine, means-
i. the holder of a prospecting permit or mining authorisation issued under the Mineral and Petroleum Resources Development Act;
ii. if a prospecting permit or mining authorisation does not exist, the person for whom the activities contemplated in paragraph (b) of the definition of “mine” are undertaken, but excluding and independent contractor; or
iii. if neither (i) or (ii) is applicable, the last person who worked the mine or that person’s successor in title; and
b) in relation to a works, means the person who is undertaking the activities contemplated in the definition of “works”, but excluding an independent contractor.

Question 40

What is the definition of “prescribed”?

Answer 40

“prescribed” means prescribed by regulation.

Question 41

What is the definition of “Principal Inspector of Mines”?

Answer 41

“Principal Inspector of Mines” means the officer appointed by the Chief Inspector of Mines to be in charge of health and safety in any region established in terms of section 47(2).

Question 42

What is the definition of “processing”?

Answer 42

“processing” means the recovering, extracting, concentrating, refining, calcining, classifying, crushing, milling, screening, washing, reduction, smelting or gasification of any mineral, and “process” has a similar meaning.

Question 43

What is the definition of “prospecting”?

Answer 43

“prospecting” means intentionally searching for any mineral by means that disturb any tailings or the surface of the earth, including the portion of the earth that is under the sea or under other water, by means of excavation or drilling, but does not include mine as a verb.

Question 44

What is the definition of “Public Finance Management Act”?

Answer 44

“Public Finance Management Act” means the Public Finance Management Act, 1999 (Act No. 1 of 1999).

Question 45

What is the definition of “reasonably practicable”?

Answer 45

“reasonably practicable” means practicable having regard to-

a) the severity and scope of the hazard or risk concerned;
b) the state of knowledge reasonably available concerning that hazard or risk and of any means of removing or mitigating that hazard or risk;
c) the availability and suitability of means to remove or mitigate that hazard or risk; and
d) the cost and the benefits of removing or mitigating that hazard or risk.

Question 46

What is the definition of “record”?

Answer 46

“record” includes information contained in or on a computer print-out, tape or disc or any other computer storage medium.

Question 47

What is the definition of “record of medical surveillance”?

Answer 47

“record of medical surveillance” means a record kept in terms of section 13(3).

Question 48

What is the definition of “registered trade union”?

Answer 48

“registered trade union” means a trade union registered in terms of the Labour Relations Act.

Question 49

What is the definition of “regulation”?

Answer 49

“regulation” means a regulation made under section 98 or in force in terms of item 4 of Schedule 4.

Question 50

What is the definition of “representative trade union”?

Answer 50

“representative trade union” means a registered trade union, or two or more registered trade unions acting jointly, that have as members the majority of employees at a mine.

Question 51

What is the definition of “risk”?

Answer 51

“risk” means the likelihood that occupational injury or harm to persons will occur.

Question 52

What is the definition of “safety”?

Answer 52

“safety” means safety at mines.

Question 53

What is the definition of “serious injury”?

Answer 53

“serious injury” means any injury with is reportable under the Act.

Question 54

What is the definition of “serious illness”?

Answer 54

“serious illness” means any illness resulting from occupational exposure that affects the health of a person to the extent that it incapacitates the affected person from resuming that person’s normal or similar occupation for four days or more.

Question 55

What is the definition of “standard”?

Answer 55

“standard” means any provision occurring-

a) in a specification, compulsory specification, code of practice or standard method as defined in section 1 of the Standards Act, 1993 (Act No.29 of 1993); or
b) in any specification, code or any other directive having standardisation as its aim and issued by an institution or organisation inside or outside the Republic which, whether generally or with respect to any particular article or matter and whether internationally or in any particular country or territory, seeks to promote standardisation.

Question 56

What is the definition of “the Act”?

Answer 56

“this Act” includes

a) the section numbers, but not the page headers, headings or sidenotes;
b) the Schedules;
c) the regulations; and
d) any condition, suspension, notice order, instruction, prohibition, authorisation, permission, consent, exemption, certificate or document determined, given issued promulgated or granted by or under this Act by the Minister, Chief Inspector of Mines, an inspector, any person authorised under section 49(4) or any person to whom power has been delegated or the performance of a duty has been assigned under section 96.

Question 57

What is the definition “substance”?

Answer 57

“substance” includes any solid, liquid, vapour, gas or aerosol, alone or in any combination.

Question 58

What is the definition of “topsoil”?

Answer 58

“topsoil” means topsoil as defined in section 1 of the Mineral and Petroleum Resources and Development Act.

Question 59

What is the definition of “working place”?

Answer 59

“working place” means any place at a mine where employees travel or work.

Question 60

What is the definition of “works”?

Answer 60

“works” means any place, excluding a mine, where any person carries out-

a) the transmitting and distributing to another consumer of any form of power from a mine, by the employer thereof, to the terminal point of bulk supply or where the supply is not in bulk, to the power supply meter on any such other consumer’s premises; or
b) training at any central rescue station; or
c) the making, repairing, re-opening or closing of any subterranean tunnel; or
d) any operations necessary or in connection with any of the operations listed in this paragraph.

Question 61

What is the definition of “HIRA”

Answer 61

“HIRA (Hazard Identification and Risk Assessment)” in general means the systematic process carried out by a competent person for every task that is to be performed with the purpose to:

i) . Identify all the health and safety hazards associated with the task;
ii) . Assess the health and safety risks associated with every hazard identified;
iii) . Obtain a risk rating for every hazard identified;
iv) . Record the significant hazards identified and risks assessed in a descending order of priority in accordance with the risk rating;
v) . Determine all measures to eliminate, minimize or control the risk at source;
vi) . In as far as the risk remains provide for PPE; or
vii) . Institute a program to monitor the risk to health and safety.

Question 62

What is the definition of “confined space”?

Answer 62

“confined space” is an enclosed or partially enclosed space that has been identified as such in a risk assessment and may have one or more of the following characteristics

i) has a limited or restricted means of entry or exit, e.g., tanks, vessels, silos, storage bins, hopper vaults, pits, boilers, flues, ventilation ducts, sumps, manholes, pipelines, trenches, excavations, drains and basements;
ii) is an open topped space such as a pit or grease trap or is an excavation more than 1,5 metres deep;
iii) may have inadequate ventilation to sustain breathing if occupied for some work processes;
iv) may be situated so as to receive and contain a build-up of gases, vapours or liquid that has the potential for engulfing the employee;
v) may contain poisonous, flammable or suffocating gases or vapours that are the residues of material usually stored in the space;
vi) has an internal shape with inwardly converging walls or a floor that slopes downwards and tapers to a smaller cross section, or has no apparent means of an easy escape or could cause entrapment or engulfment;
vii) contains any other recognised serious safety or health hazard.