The department of mineral resources & energy is determined to go ahead with tougher penalties for mining companies in a bid to improve safety standards, says chief inspector of mines David Msiza.
In June last year the department published a Mine Health & Safety Amendment Bill, which, among other things, makes provisions for criminal fines of up to 10% of a company’s annual turnover.
The bill was slammed at the time by lawyer Willem le Roux, a leading expert on mining law at ENSafrica who has broad experience in representing mining companies in civil and criminal cases. He singled out proposals to make corporate manslaughter a crime and impose penalties of 10% of turnover for criticism.
But Msiza told Business Times this week the current penalties provided for under the act were not stringent enough to deter unsafe operations.
There is an outcry obviously ... We are taking these actions because we can see that some employers try to blame the person who died
— David Msiza, chief inspector of mines
"We are proposing that it [the fine] should be 10% of the money that the mine is making. There is an outcry obviously, from some of the employers and some of their legal people that are representing them, saying that 10% is too much," he said, adding that it was impossible to put a financial value on the life of a mineworker.
“We as the department don’t believe that only enforcement is leading to health and safety improvements in the sector. We believe it is mainly the collaboration between ourselves, organised business and unions as stakeholders. We are an economic department. We believe that a safe mine is a productive mine,” he said.
He said that in addition to increasing penalties, the department had promulgated collision avoidance legislation in December last year.
This means all mines must equip vehicles operating underground and on the surface with technology that automatically sounds an effective warning of the danger of collision with a mineworker or another vehicle. The technology should also apply the vehicle’s brakes if necessary.
"The mines which have adopted the collision avoidance technology have seen a significant reduction in transport-related accidents," Msiza said.
South African mines recorded 49 fatalities in 2022, the lowest on record, compared with 74 in 2021 and 60 in 2020. The previous lowest death toll was 51 in 2019.
The department has 140 safety inspectors who conduct 8,000 mine inspections a year.
Msiza said while mining had contributed to the economy due to the commodities boom during the Covid pandemic, strong prices had had a deleterious effect on safety, because companies had taken risks to boost output and take advantage of high prices.
"The PGM basket price led to some of the mines chasing production. Some of them began to mine old places that they had closed down for whatever reason in the past, and that led to accidents."
Msiza said the department had been criticized for the implementation of section 54 stoppages — in which an entire mine must shut down in the event of a fatal accident or other safety issue — but the measure had contributed to the overall improvement in health and safety. The industry has complained that these closures disrupt production and in some cases are not necessary
"We are stopping unsafe behavior to prevent the continued loss of life," Msiza said.
"Why we had to take that approach was the behaviour and the culture of taking chances with people’s lives. There was a huge outcry that the department will kill the sector. We believe that the [section 54 stoppages] sparked the downward trend of fatalities."
The department’s approach was helping to change the industry’s safety culture.
"Now it comes naturally for employers to implement the safety measures. They appreciate now the consequence of people losing their lives, and also investors looking at this. It puts CEOs under pressure, and safety is a key element they are measured against," he said.
Allan Seccombe, head of communications at the Minerals Council South Africa, said: “the Minerals Council and its members work extremely closely with the inspectorate to ensure the country’s mines are safe working places … The success in our co-operative and inclusive engagements can be seen in the record year the industry recorded for safety in 2022, with 49 fatalities.
"The mining industry also recorded its first ever January and calendar month without a fatality. Clearly the mining industry’s safety initiatives led by CEOs, and the engagements the Minerals Council and its members have with the inspectorate and organised labour on safety, are gaining traction.”
Msiza, who has served as chief inspector since 2011, said every death of a mineworker was a personal blow.
“When I receive a call from a CEO, mine manager or one of our inspectors, I always hold my breath. I hope that they are not calling to tell me that someone is trapped, or someone has died. That is the thing that I deplore.
"The Lily Mine disaster is one of the lowest points because we always ask what could have done more to ensure these people do not take chances, so we avoid that situation.”
Three people were killed in a collapse at the Lily Mine near Barberton in 2016.
Msiza said prior to the enactment of the MHSA 26 years ago, the sector recorded 800 fatalities a year and an average of 15,000 injuries a year.
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