Green Gain Consulting

Presidential Mining Health and

Safety Audit, 2008

News headlines have been littered with reports of

mining accidents in the past year, hundreds of mine

workers get killed and thousands injured each year

due to insufficient health and safety precautions. This

prompted the Presidential audit, in terms of the Mine

Health and Safety Act of 1996, to asses what is being done and to what

extent in the mining industry to ensure acceptable standards.

Injuries and deaths related to the mining industry have decreased in the past

year, but the audit report released in February 2009 indicated that there is

only an overall compliance of 66% in the mining industry. Critical

management issues which were identified are shaft installation,

communication, back-up power, risk assessment and control as well as

training of all involved persons.

The Chamber of Mines has agreed to work towards implementing all

recommendations making for a more health and safe environment for the

people feeding the foundation of our country.

Heritage VS Power

A grave knock for environmentalists has taken place in the planning of an

open cast coal mine and power station on the outskirts of Mapungubwe World

Heritage Site. The planning is already at an advanced stage for the Vele Mine

and Mulilo Power Station, which will create about 600 much needed jobs in

the area. The planning team admits that there may be potential disruption to

33 red data listed and legally protected species and noise disruptions may

occur, but that the advantages of the development will far exceed the

disadvantages. According to an article in The Sunday Times, 12 April 2009,

there is much debate in government departments over how the decisions

were made to mine and build a power station in the same locality as a world

heritage site. Unfortunately there are few answers to be found at this stage.

South Africa is in the midst of a power crisis and job creation should be a

priority but are we convinced that this should take priority over our much

loved and treasured heritage site? Maybe it is time to really wake up and

smell the coffee, air pollution and reality.

New Legislation

Environmental:

Environmental Conservation Act 73 of 1989: Waste Tyre Regulations,

2008: The purpose of these Regulations is to regulate the manner in

which used tyres are managed. These regulations prescribe a time frame

and method of storage. No persons may recycle, recover or dispose of

tyres unless they are authorized to do so.

Foodstuffs, Cosmetics and Disinfectants Amendment Act 39 of 2007.

National Road Traffic Amendment Act 64 of 2008: Amends the National

Road Traffic Act of 1996 by amending and adding definitions.

National Radioactive Waste Disposal Institute Act 53 of 2008: To provide

for the establishment of a National Radioactive Waste Disposal Institute

in order to manage radioactive waste disposal on a national basis; to

provide for its functions and for the manner in which it is to be managed;

to regulate its staff matters; and to provide for matters connected

therewith.

Tobacco Products Control Amendment Act 63 of 2008: New regulations

are given for advertising, sponsorship and promotions.

National Environmental Management Amendment Act 62 of 2008: To

amend the National Environmental Management Act, 1998, so as to insert

certain definitions and to substitute others; to further regulate

environmental authorisations and to empower the Minister of Minerals

and Energy to implement environmental matters in terms of the National

Environmental Management Act, 1998.

Astronomy Geographic Advantage Act 21 of 2007: This Act was passed

on 17 June 2008. It is probably not what would usually be labelled

environmental legislation, but it does have some environmental

significance. It deals with the promotion of astronomy in South Africa in

terms of reduction of light pollution.

National Energy Act 38 of 2008: This Act is to ensure that diverse energy

resources are available, in sustainable quantities and at affordable prices,

to the South African economy in support of economic growth and poverty

alleviation.

National Forest Act - Declaration of a List of National Forest Types as

National Forests: The Minister of Water Affairs and Forestry has declared

that certain natural forest types, as set out in schedule A of NN 762, as

natural forests.

Health and Safety:

National Road Traffic Act 93 of 1996: Approved Dangerous Goods

Training Bodies in terms of Regulation 280 (1) of the National Road

Traffic Regulation, 2002: Schedule 1 lists the approved service providers

as Dangerous Goods Training Bodies.

Railway Safety Regulator Act 16 of 2002- Safety Permit Fee Notice: This

notice is applicable to all train operators and states the new permit fee.

Skills Development Amendment Act 37 of 2008: Functions and

composition of the National Skills Authority is stated in this amendment.

Labour Relations Act 66 of 1995: A list of CCMA accredited bargaining

Councils is given.

Standards Act 8 of 2008: South African standards previously published by

South African Bureau of Standards (SABS) are now published by

Standards South Africa (SANS).

Incorporation of Standards into the Electricity Regulations of the

Occupational Health and Safety Act 85 of 1993: New SANS standards

have been added.

Environmental Conservation Act 73 of 1989 - Regulations for the

Prohibition of the Use, Manufacturing, Import, and Export of Asbestos

Containing Materials: If an organisation is involved in the acquisition,

processing or repackaging of asbestos; manufacturing of asbestos

containing materials, or distribution of asbestos or asbestos containing

materials, a one year phase out plan must be submitted to DEAT.

Standards Act, 2008 Standards Matters: New SANS standards in

Schedule 1 and amendments to standards in Schedule 2.

Occupational Health and Safety Act 85 of 1993: Occupational Exposure

Control Limit for Silica in Table: Amendment. The above amendment

amends the Occupational Exposure control limit in Table 1 of the

Hazardous Chemical Substances Regulations from 0.4 mg/m3 to 0.1

mg/m3.

National Building Regulations and Building Standards Act 103 of 1977 -

National Building Regulations: The Minister of trade and industry has

under section 17(3) of the National Building Regulations and Building

Standards Act declared these regulations, effective from 1 October 2008.

Compensation for Occupational Injuries and Diseases Act 130 of 1993:

The Minister of Labour has amended Schedule 4 of the Act with effect

from 1 April 2008.

Loud and Proud

Welcome to New Clients

We would like to welcome our new

clients and congratulate them on

making the “green” choice!

A warm welcome to CSIR, NECSA,

Department of Defence, Grinaker

LTA, Vereeniging Refineries, Kaefer,

BHP Billiton Khutala Colliery, G W

Base, Zimco Group and Deutz Diesel!

ISO 22 000 – The Healthy

Option

ISO 22 000:2005 is the international

food safety management standard

and can add value to any

organisation in the food chain by

ensuring the delivery of safe food

products. This standard requires the

drawing up and implementation of a

food safety management system

which then leads to the successful product of safe, quality foods.

GGC is currently examining the possibility of adding a Food Safety Suite on

Digilex, dealing with ISO 22 000, to compliment the Environmental, Health

and Safety and Quality Suites. For further information please contact us.

A Greener Future for One and All

Here are some helpful hints from Eskom to minimise electricity usage, more

handy hints can be found on www.eskom.co.za.

Do not overload your fridge, excessive products uses more electricity.

Clean your refrigerator and freezer regularly to prevent build-up of

frost as this increases energy consumption.

Foods should be placed slightly apart on refrigerator shelves to allow

the cooling air to circulate.

Allow free circulation of heat within an oven. Place pans and

containers so that they do not touch each other, or the sides of the

oven.

Use your microwave oven to cook small to medium quantities of food.

A faulty appliance will not work efficiently and can waste energy,

repair or replace them promptly.

Keep your cooking equipment clean, it will last longer and use less

electricity if well maintained.

Dimming switches on lights allow you to regulate the light level and

reduce electricity consumption to some extent.

Set air conditioning units to re-circulate cool air instead of drawing in

warmer outside air.

Insulate the ceiling of your home.

Seal air gaps in your home to prevent loosing your expensive climate

control.

Looking for SHE

Integrated Legal

Compliance Systems?

The difference is,

we specialise in

what we sell!

An Interesting Case - S v Mazibuko (Case no. 06/13865)

“Water is life, sanitation is dignity” - The Department of Water Affairs

As part of the ‘privileged’ community in South Africa we often do not

appreciate the constant flow of clean water which we have at our disposal. In

this case the applicants, residents of Phiri, a township of Soweto, approached

the Court to have certain provisions regarding their water supply set aside,

declared unlawful and unconstitutional. This case was decided on 18 April

2008 in the Witwatersrand Local Division of the High Court and deals with the

fundamental right to have access to sufficient water supply and human

dignity.

Facts of the Case:

Residents of Phiri are mainly poor, uneducated, unemployed with a high rate

of HIV/AIDS infection and a higher number of people per household than

average. These residents have 25 litres of free water per person per month or,

6 kilolitres of water per household per month supplied through a prepaid

meter system. Once consumed, water supply is automatically cut off until

credits are loaded on the prepayment meter. The prescribed minimum of free

water supply, on average, does not last the applicants more than two weeks,

which left them without water for half of each month. The prepaid water meter

system was compulsory in the fact that if a household did not allow for it to be

installed, it would simply have to go without water. The alleged reason for the

credit system was as a credit control measure as residents in Phiri often did

not pay outstanding water accounts. These facts are played off against the

Constitution in which section 27(1) guarantees everyone a right to water,

although not unlimited water.

The applicants applied to the Court to have the amount of free water provided

to them as well as the compulsory prepaid meter system declared

unconstitutional and unlawful.

Judgment:

Internationally it is accepted that the State is obliged to provide free basic

water to the poor. The Water Services Act in South Africa stipulates minimum

free water to be supplied, each Water Services Authority depending on its

resources and needs may increase the minimum limit. It has to be taken into

account that South Africa has a limited supply of water given that we live in a

relatively arid country. Mogale City and Volksrust have increased their

minimum supply of free water as they have the resources to do so; Water

Services Authorities are obliged to do so if they are able.

The Court found that compulsory instalment of prepayment meters which

automatically discontinues water supply when free water is finished, is

unconstitutional and unlawful. Prepayment meters forced on these residents

discriminates against their economic status, colour as well as sex as many of

the households are headed by women. It also has to be kept in mind that

HIV/AIDS infected persons and their care givers require more water for health

and sanitation than average. Basic water services can not be denied to a

person if they can prove to Water Services Authority that cannot afford to pay

for such.

The Judge ordered that the Water Services Authority in question has the

capacity and resources to increase the minimum water supply to residents to

50 litres per person per day and to supply in these quantities as well as option

of installing prepayment meters or a credit option.

Functionality

includes:

 Aspect and Risk

registers linked

to legal register

by our legal

specialists.

 Incident

Management

System

 A Legal Register,

organised by

topic that is

continuously

updated.

 Full text of

legislation,

continuously

updated.

 Legislation

updating service

to all users via email.

 Legal compliance

statistics

provided, based

on audit results.

 Integrated

aspects register.

 Integrated

permit register.

 A comprehensive

resources

database

containing

policies,

application

forms, court

cases,

government

contact detail,

published

guidelines etc.

www.digilex.co.za

Just For Interest Sake

Job Creation in South Africa

In South Africa, as with most of Africa, littering is a HUGE

problem! People don’t seem to realise the environmental and health and safety

consequences of littering and as sad as it seems, they think they are playing

an important role in job creation. Money spent on cleaning up our towns and

cities can be put too much better use in building and funding schools, hospitals

and even libraries. Do your bit to stop littering and help build a nation of

educated and healthy future leaders.

Sea Levels Creep Up

Two years ago the UN Intergovernmental Panel on Climate Change predicted a

worst case scenario of a 59 cm rise in sea levels by the end of this century,

now we are looking at a 1.2 m worst case scenario. Clearly the message of

global warming is not shocking the world into submission, seems like our

favourite holiday destinations are heading for extinction.

Green Peace

Green Peace opened its first office in Africa in November 2008, Johannesburg

can feel proud! This office will concentrate on environmental issues in South

Africa and will soon be followed by others all over Africa. Although research

shows that Africa contributes very little to global warming, the region will be

one of the hardest hit by its effects. This can make us all a little bit more

proud but it means that Green Peace needs all the support it can get, lets send

a little ubuntu their way!

Water Concerns

In November 2008 the CSIR suspended Dr Turton after he wanted to do a

presentation on the looming water crisis in South Africa, which seemed a bit

rough for their taste. Dr Turton wanted to highlight the poor water quality in

South Africa and how it is threatening our economic growth.

The law firm Werksmans has now published a legal brief further drawing our

attention to the fact that water laws in SA, although stern, are not being

implemented as they should. It is their opinion that water issues have to be

dealt with NOW, as a crisis similar to the electricity crisis is awaiting our water

supply. Werksmans suggests that the government needs to start fulfilling its

Constitutional responsibility to ensure equitable access and sustainable use of

water.

The Director General of the Department of Water Affairs and Forestry admitted

last week that the department doesn’t have the “capacity to meet its

challenges”. Maybe its time to make a stand to save the little water we have

to our use instead of passing the buck?

Renewable Energy Feed-In Tariffs

NERSA has announced its renewable energy feed-in tariffs in March serving as

an incentive to big multinational companies to use more renewable energy.

South Africa has an abundance of resources for wind, solar and hydro power

and use of these renewable sources will take the weight off coal power stations

and our precious environment – see “Heritage VS Power”. Tariffs will be

reviewed every year for the first 5 years and thereafter every 3 years.

Quoting...

Man is a complex

being: he makes

deserts bloom - and

lakes die. ~Gil Stern

Tomorrow - your reward

for working safely

today. ~Author

Unknown

When one tugs at a

single thing in nature,

he finds it attached to

the rest of the world.

~John Muir

Fresh air impoverishes

the doctor. ~Danish

Proverb

Nature, to be

commanded, must be

obeyed. ~Francis

Bacon, Novum

Organum, 1620

We have met the

enemy and they are

us! ~Walt Kelly, Pogo,

1971

Some interesting links:

www.urbansprout.co.za

Blog-styled site dealing

with environmental and

social responsibility

issues.

www.treevolution.co.za

Environmental news

and earth saving tips.

www.thegreencon

nection.org.za

Organisation

supporting sustainable

development.

www.nationalgeograp

hic.com

The ultimate for earth

and nature lovers.

German Genius

A solar energy system installed in June 2008 on the roof of the Deutsche

Internationale School in Johannesburg, will see the school save more than 22

000 kWh of electricity a year. At about R30 000 the system should set a

good example for other educational facilities in South Africa.

Earn Your Reward

Section 34B of the National Environmental Management Act, 1998 states that

if you help in bringing an environmental crime to justice, you may receive a

quarter of the fine imposed as a reward. That is what we call community

policing with a purpose!

Responsible Retailers

Environmentally responsible companies in

South Africa are making us all proud;

ranging from the very small to international

they are doing their bit to save our

precious earth and all of its inhabitants.

2009 has seen the launch of Woolworth’s

Earth-Friendly range and Pick n Pay has

installed a small urban wind farm at its

regional office in Port Elizabeth for energy

supply. Low-cost air carrier Kulula became

South Africa’s greenest airline for 2008

with the launch of their Project Green initiative which spreads carbon foot print

awareness. Many Companies in South Africa are doing their bit with

sustainable environmental practices such as reducing electricity use, waste,

fuel and water consumption. Viva South Africa!

Delegated Air Quality Functions

The National Environmental Management: Air Quality Act has begun its reign

and will be fully in force by September 2009, basically it means:

Air pollution control used to be an executive function; this

responsibility now falls on Municipalities.

Municipalities will have to issue atmospheric emissions licences (AEL)

and ensure compliance and enforcement, this will in part be

accomplished by Municipalities implementing air quality By-laws.

Provinces have to implement Provincial Standards for air quality.

High priority areas are the Vaal and Highveld.

Ekurhuleni, Johannesburg and Cape Town are the first to jump on the

band wagon with procedures for issuing AEL.

The new AEL has a 20 page application compared to the 2 pages it

used to be!

For more information visit the SA Air Quality Info System at:

www.saaqis.org.za.

Greenhouse Cows!

Researchers at Dublin University College have found that increasing content of

omega 3 fatty acids in the diets of cows decreases the amount of methane

emissions as well as various other health benefits. Apparently farm animal

‘emissions’ are a major contributor to greenhouse gasses.

Earth Hour – The World Takes a Stand

1858 cities and towns in 81 countries took their

stand on 28 March 2009 to show support of Mother

Earth by switching off their lights for an hour.

South Africans who participated in Earth Hour 2009

saved about 400 MW of electricity, 400 t of carbon

dioxide, 224 t of coal and about 576 000 litres of water as reported by Eskom.

For more information visit www.earthhour.org.

Mercury Rising

Energy efficient light bulbs have done their bit to safe electricity and in turn

the environment but what we fail to realise is that the mercury contained in

these light bulbs are poisoning our environment and posing a serious health

risk if disposed of with regular waste. Look out for special boxes at Pick n Pay

where you can dispose of your energy saving light bulbs without disposing of

our environment.

Environmental Heroes

The Green Scorpions, or more precisely Environmental Management

Inspectors (EMIs), have made a name for themselves by being the heroes to

our environment. Since their first arrest in January 2004 they have grown in

number and force ensuring compliance and enforcement of environmental laws

in South Africa. The National Environmental Laws Amendment Bill empowers

the Minister to designate EMIs and they receive their training, which now

includes forensic training, through UNISA and the University of Pretoria.

You can do your bit to support their message to environmental criminals by

reporting any crimes or incidents to 0800 205 205.

Reminder to Miners

Urgent reminder to all clients in the mining industry: All applications to the

DME to have old order mining rights converted to new order mining rights

close at the end of April 2009.

New in DigiLex - Incident Management System

DigiLex now has a comprehensive incident management system configurable

to your needs. Create your own incident types and locations. Log incidents,

create corrective actions, automatic email notification when an incident is

created, or when an update is closed or overdue, easy search facility based on

status (closed, open overdue, location, incident type, time period and time of

day). Full reports can also be printed – convenience and productivity at its

best!

Please let us know if you require DigiLex training, updates or any additional

information.

Regards,

GGC Team