Significant changes to the regulations dealing with emergency preparedness and response have been promulgated. These require employers to review their risk assessments and the measures currently in place. Several new obligations have been introduced to strengthen employers' ability to respond to emergencies and safeguard employees. These obligations will need to be integrated into mine safety systems and will require updates to: risk assessments; training and assessment materials; procurement and contracting practices; and statutory appointment letters, including the roles and responsibilities they define.
Some of the key changes that employers should consider and implement are summarised below. The complete revised Chapter 16 regulations can be accessed
here. The revised regulations were signed by the Minister of Mineral and Petroleum Resources on 28 February 2025 and published in the Government Gazette on 28 March 2025. They are in force from the date of publication.
Reports to be prepared for the employer
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Under the previous regulations, a Competent Person was required to report to the employer, at appropriate intervals determined through risk assessment, on the adequacy of escape and rescue procedures in relation to explosions, fires, and flooding. This obligation has been expanded. A Competent Person must now report to the employer, at appropriate intervals (to be reviewed and justified by risk assessment), on
measures in place for the management of the following emergency events: fires and explosions; flooding; chemical release; biological release; gassing; engineering emergencies; and mining emergencies.
- A new report, also to be compiled by a Competent Person, must be provided to the employer on the
adequacy of emergency medical care and response capabilities. This report must also be submitted at appropriate intervals informed by risk assessment. As this is a new requirement, employers must either conduct a new risk assessment or review their current risk assessments to determine appropriate reporting intervals.
- At underground mines, the report to the appointed manager by the person conducting 90-day inspections of refuge bays, within 7 days of those inspections, remains a requirement.
Issuing and deployment of Self-Contained Self-Rescuers (SCSRs)
The revised regulations introduced two types of Self-Contained Self-Rescuers (SCSRs), portable oxygen sources that provide breathable air when activated:
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Body-Worn SCSRs: designed to be worn on the body throughout a complete underground working shift.
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Long-Duration SCSRs: must supply oxygen for at least 60 minutes at a ventilation rate of 35 litres per minute and provide oxygen instantly when activated.
Previously, different requirements applied to coal and non-coal mines. Under the new regulations, all employers are strictly required to ensure the following:
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Underground operations: No person may go underground without a Body-Worn SCSR that complies with the latest applicable SANS standard.
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Surface operations: If a risk assessment identifies exposure to an irrespirable atmosphere in any surface of the mine, employees may not enter those areas without a compliant Body-Worn SCSR.
Employers must take reasonably practicable measures to ensure that each Body-Worn SCSR is
allocated for the sole use of one employee for the duration of its deployment at the mine. Employees must always wear the SCSR underground or in surface areas where an irrespirable atmosphere exists. In the event of an emergency, the SCSR must be used to escape to a refuge bay or a place of safety. Defective, obsolete, or unauthorised SCSRs must not be issued or used at a mine.
All employees issued with SCSRs must be trained in their use, in accordance with the
Mandatory Code of Practice for Lamproom Management. Any employee who may need to use an SCSR in an emergency must either be trained or operate the device only under the direct supervision of someone who is trained.
Each year, a representative sample of SCSRs (not less than 1% of each type in use at the mine) must be tested by accredited organisations. The sample must reflect the variety of make, age, and deployment of the SCSRs.
The employer must retain readily available records, covering the preceding 24 months, for both Body-Worn and Long-Duration SCSRs in use at the mine. The minimum information to be recorded is set out in Regulations 16.4(4) and 16.4(5).
Click here for part 2 of this update, which covers changes to mine rescue and fire responder teams, refuge bay standards, and the use of missing person locator systems.
