Mine Health and Safety Act, 1996 (Act No. 29 of 1996)RegulationsMine Health and Safety RegulationsChapter 5 : Fires and Explosions |
5.1 Report to Employer
| (1) | The employer must ensure that a competent person reports to the employer, at appropriate intervals determined in accordance with the mine’s risk assessment, on— |
| (a) | the effectiveness of the precautionary measures taken to prevent or suppress explosions of coal dust or flammable gas; and |
| (b) | the adequacy of measures in place to prevent, detect and combat the start and spread of mine fires. |
[Regulation 5.1(1) inserted by Notice No. R. 904, GG 23583, dated 2 July 2002]
| (2) | Where at any area at a mine, a fire could pose a significant risk to the health and safety of persons, the employer must take reasonable measures to ensure that flammable liquids, gases and materials in use, are transported, stored, deposited, used and disposed of in such a way as to prevent the starting or spreading of a fire. |
[Regulation 5.1(2) inserted by Notice No. R. 1237 dated 29 August 2003]
| (3) | The employer at any mine at which a fire occurs must, as soon as practicable, notify the employer of any other mine at which the spread of such fire could constitute a hazard should such fire not be immediately extinguishable, of the existence of that fire. |
[Regulation 5.1(3) inserted by Notice No. R.1237 dated 29 August 2003]
| (4) | The employer must take reasonably practicable measures to ensure that any coal, coal debris or bituminous rock is deposited so that it does not pose a significant risk to the health or safety of any person. |
[Regulation 5.1(4) inserted by Notice No. R.1237 dated 29 August 2003]
| (5) | The employer, at any mine where the risk assessment indicates a risk of the presence of flammable gas, must ensure that all flammable gas measuring instruments and flammable gas warning devices used at the mine for the detection of methane or hydrogen or a mixture of both, comply with the South African National Standard Specification SANS 151 5-1 : 2006, Edition 2.1 "Gas measuring equipment primarily for use in mines: Part 1: Battery operated portable, flammable gas measuring instruments and warning devices". |
[Regulation 5.1(5) inserted by Notice No. 92 dated 1 February 2008]
| (6) | Annex A: "Assessment of Compliance with this part of the Specification" contained in South African National Standard Specification SANS 1515-1: 2006, Edition 2.1 shall, for the purpose of regulation 5.1(5), be deemed to be normative. |
[Regulation 5.1(6) inserted by Notice No. R92 dated 1 February 2008]
Reference is made to the following Guidelines issued by the Chief Inspector of Mines in terms of section 9(2) of this Act.
| (i) | Guideline for the Compilation of a Mandatory Code of Practice for the Prevention of Coal Dust and Flammable Gas Explosions: Ref.: DME 16/3/2/1Al |
| (ii) | Guideline for the Compilation of a Mandatory Code of Practice for the Prevention of Flammable Gas Explosions in Mines Other than Coal DME 16/3/2/1A2 |
[Chapter 5 inserted by Notice No. R. 904, GG 23583, dated 2 July 2002]