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12.2.3 The COMMISSION RECOMMENDS that a new position be created in the Mine
Health and Safety Inspectorate, to be called the Principal Inspector. Persons who
occupy this position should be well qualified, as experienced as, and of as good a
calibre as the managers with whom they will have to deal. To attract persons of
this calibre it is obvious that the conditions offered to induce them to join the
inspectorate, by way of salary and remuneration packages must be as attractive as
those which they can expect in the industry (see Ch. 11.1.8).
12.2.4
The COMMISSION RECOMMENDS that the grades in the Mine Health and
Safety Inspectorate should be:
Grade 1 Government Mining Engineer
Grade 2 Deputy Government Mining Engineer
Grade 3 Principal Inspector
Grade 4 Senior Inspector
Grade 5 Inspector/Senior Inspector of Quarries
Grade 6 Assistant Inspector/Inspector of Quarries
Grade 7 Sub Inspector (see Ch. 11.1.10).
12.2.5 The COMMISSION RECOMMENDS that to ensure that suitable staff can be
appointed the remuneration packages for these grades should be related to
remuneration in the industry. The reference point should be at the Principal
Inspector level. He should be offered 90 per cent of a typical mine manager’s
package (see Ch. 11.1.10).
12.2.6 The COMMISSION RECOMMENDS that these relative remuneration positions
should be adjusted annually to allow for changes in industry remuneration
packages (see Ch 11.1.10)
12.2.7 The COMMISSION RECOMMENDS that the GME be encouraged to make an
investment in electronic and monitoring equipment and provide the necessary
training to enable inspectors to work in a modern way (see Ch. 11.3).
12.2.8 The COMMISSION RECOMMENDS that action be initiated as soon as possible
to recruit 9 persons for the position of Principal Inspector, on the conditions
described (see Ch. 11.1.8).
12.2.9
The COMMISSION RECOMMENDS that a group of Assistant Inspectors, and
Sub-Inspectors be appointed who could be purpose trained, initially, as audit
samplers for respirable dust, flammable dust in roadways, gasses, and pollutant
sampling. They could also do noise surveys in working places using hand held
instruments. The Commission considers that initially twelve Assistant Inspectors
and twelve Sub-Inspectors should be recruited and trained for sampling purposes,
and located in the six underground mining districts. They should form a valuable
adjunct to inspectorate teams led by the Principal Inspector, as well as providing
an opportunity for advancement in the MHSI (see Ch. 11.1.11).
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12.2.10 The COMMISSION RECOMMENDS that the Headquarters staff of the MHSI
should consist of the GME, three Deputy GME’s, three Principal Inspectors, three
Senior Inspectors and three Inspectors to replace existing staff, together with
administration and clerical support (see Ch. 11.1.10).
12.2.11 The COMMISSION RECOMMENDS that the Government Mining Engineer
should have on his staff:
-a Medical Inspector of Mines with expertise in occupational health;
-two attorneys to specialise in processing mining prosecutions and
inquiry/inquests; and
-an expert in safety management in the industry who need not be qualified in
mining. Persons of this background gave very important evidence to the
Commission (see Ch. 11.2.1).
12.2.12 The COMMISSION RECOMMENDS that the GME be encouraged to employ
consultants with expertise that is not currently accessible to the inspectorate (see
Ch. 11.12.1).
12.2.13 The COMMISSION RECOMMENDS that there should be specialised scientific
back up available to the government Mining Engineer, and that a group could be
conveniently located at the G P Badenhorst facility, which, already has a measure
of expertise in some subjects. The COMMISSION RECOMMENDS further that
consideration be given to placing this facility under the direct control of the GME
(see Ch. 11.7.1).
12.2.14 The COMMISSION RECOMMENDS that the existing Survey and Rehabilitation
Directorates should not form part of the new MHSI (see Ch. 11.1.9).
12.2.15 The COMMISSION RECOMMENDS that the inspectorate be made more
accountable in the manner set out in Chapter 11.6.
12.3 OTHER URGENT SAFETY RECOMMENDATIONS
12.3.1
The COMMISSION RECOMMENDS the restoration of the position of the shift
boss in the line management to that which is firmly required in existing South
African law, should be pursued by the inspectorate without delay (see Ch. 6.7.3).
12.3.2
The COMMISSION RECOMMENDS that:
-all reports of accident inquiries be published and be made available throughout
the mining industry, and that the regulations be amended to include this
requirement (see Ch. 9.2 and 11.6).
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-an inquiry be made into the evidence given by Ms Hermanus that there had been
no inquiries into matters other than accidents (see Appendix 7).
12.3.3 The COMMISSIONER RECOMMENDS that the Act and Regulations be
amended so as to ensure that all interested parties, including the NUM, be given
due and proper notice by the inspectorate of the time and place of all inspections
in loco which are held in connection with accident inquiries (see Ch. 9.1).
12.3.4
The COMMISSION RECOMMENDS that Regulation 25 (4) should be amended
so as to ensure that inspections in loco are conducted in the manner set forth in
Chapter 9.1 hereof (see Ch. 9.1).
12.3.5
The COMMISSION RECOMMENDS that accident inquiries be conducted in the
manner set forth in Chapter 9.1 and that the recommendations made by the Marais
Commission in this regard be incorporated into regulations (see Ch. 9.1).
12.3.6
The COMMISSION RECOMMENDS that relevant provisions of US Code of
Federal Regulations, Mineral Resources, Title 30 (Part 75 - Mandatory Safety
Standards - Underground Coal Mines, Sub part D, ventilation, para 75.3) should
be studied in detail (see Ch. 3.2.2).
12.4 OTHER URGENT HEALTH RECOMMENDATIONS
12.4.1 The COMMISSION RECOMMENDS that immediate attention be given to
amalgamating and reconciling the disparate data bases, to ensure that as much
data as possible be made freely available in the public domain, and that mining
companies be required to publish an annual health and safety report (see Ch.
4.1.1).
12.4.2
The COMMSSION RECOMMENDS that all mines be required to measure a
range of airborne contaminants at specified intervals according to a written
sampling strategy designed to quantify the exposure of the most heavily exposed
worker (see Ch. 9.3).
12.4.3 The COMMSSION RECOMMENDS that provision should be made in
regulations for regular health inspections of facilities on the surface of all mines
by the responsible public health authority (see Ch. 7.5).
12.4.4
The COMMSSION RECOMMENDS that a renewed effort to control the spread
of tuberculosis among mineworkers is urgently required (see Ch. 4.6.8).
MATTERS TO BE REFERRED TO MRAC FOR TRIPARTITE DISCUSSION
12.5.1
The COMMSSION RECOMMENDS that:
-a Mine Health and Safety Council be established by the new Act to advise the
Minster through the GME on all matters relating to health and safety in mines, the
relevant legislation and enforcement thereof;
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