Abstract
The main reasons for the issuing of Section 54 notices under the Mine Health and Safety Act, 29 of 1996 (MHSA) is the failure of mining operations to comply with the Act. When health and safety standards and procedures have not been properly implemented and do not comply with the MHSA, a Section 54 notice is likely to be issued by the Inspector of Mines from the Department of Mineral Resource (DMR). Section 54 of the MHSA states that ’If an inspector has reason to believe that any occurrence, practice or condition at a mine endangers or may endanger the health or safety of any person at the mine, the inspector may give any instruction necessary to protect the health and safety of persons at the mine’. Section 30 of the Occupational Health and Safety Act, 85 of 1993 (OHSA) also grants an inspector powers to deal with dangerous conditions. A number of statements and reports have been published about the impacts of Section 54 on the mining business, but very little (if any) information is available on the impact on mineworkers’ morale. In 2011, Section 54 stoppages cost the South African economy $500 million by losing 300 000 precious metal ounces of production (Mining Weekly, 2012). Warren Beech of Hogan Lovell law firm believes that Section 54 stoppages affect the morale of the team, the health and production momentum of the team, and the remuneration of employees, which includes the safety bonus (Naidoo, 2014). This paper explores the impacts of the issuing of Section 54 notices on mineworkers’ morale, using a platinum mine in the North West Province as a case study.