125-MHSC-2003 - Minutes of meeting of 31 October 2003 - Copy

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					MHSC – Minutes of 31 October 2003                                             Circular 125-MHSC-2003



                                          MINUTES
               OF A MEETING OF THE MINE HEALTH AND SAFETY COUNCIL
                        HELD ON 31 OCTOBER 2003 AT 08H30
              AT THE MHSC OFFICES, 2ND FLOOR, BRAAMFONTEIN CENTRE,
                                 BRAAMFONTEIN


1.    WELCOME

      The Acting Chairperson, Mr MMA Zondi, opened the meeting and welcomed all present.

2.    PRESENT:

      MEMBERS REPRESENTING EMPLOYEES IN THE MINING INDUSTRY:

      Ms M Llale
      Mr TJP Kruger
      Mr SF Stehring

      MEMBERS REPRESENTING EMPLOYERS IN THE MINING INDUSTRY:

      Mr AG Smith
      Mr NF Nicolau
      Dr JM Stewart
      Dr JR Johnston (Alternate)

      MEMBERS REPRESENTING THE STATE:

      Mr MMA Zondi (Acting Chairperson)
      Mr TM Doyle
      Mr PB Botha
      Mr N Ndiweni (Alternate)

      IN ATTENDANCE:

      Mr T Main                     MHSC Acting GM
      Mr B Gordon                   MHSC Acting CFO
      Mr P van der Heever           MHSC Research Manager
      Ms C Gomes                    MHSC Support Services Co-ordinator
      Mrs L Makeen                  MHSC Committee Secretary

3.    APOLOGIES:

      It was NOTED that apologies were received from the following members:

      Ms M Hermanus
      Mr J Grimes
      Mr A van der Bergh
      Mr D Rowe
      Mr J Morallana


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MHSC – Minutes of 31 October 2003                                               Circular 125-MHSC-2003


      It was NOTED that the following members were absent without apology:

      Mr A Rikhotso
      Mr P Bailey

4.    ADOPTION OF THE AGENDA (CIRCULAR 113-MHSC-2003 REFERS)

      The agenda had been circulated prior to the meeting and was ADOPTED, subject to the inclusion
      of the following items for discussion under Item 8 of the agenda:

      8.1    Approval of expenditure to purchase lap-top computers;
      8.2    Approval of expenditure to purchase new accounting software;
      8.3    Approval of expenditure to extend the lease for the MHSC Office.
      8.4    Date of next meeting

5.    MINUTES OF THE MINE HEALTH AND SAFETY SUMMIT HELD ON 24 OCTOBER 2003
      (CIRCULAR 112-MHSC-2003 REFERS)

      The minutes of the Mine Health and Safety Summit held on 24 October 2003 were circulated prior
      to the meeting. It was NOTED that the minutes of the Mine Health and Safety Summit would be
      confirmed at the next meeting of the Council.

6.    STRATEGIC PLAN FOR THE MINE HEALTH AND SAFETY COUNCIL FOR THE 2004-2008
      PERIOD (CIRCULAR 110-MHSC-2003 REFERS)

      The Strategic Plan for the Mine Health and Safety Council for the 2004-2008 period, amended as
      per comments made at the Mine Health and Safety Summit on 24 October 2003 (highlighted in the
      document in red text), was circulated prior to the meeting.

      The Acting Chairperson proposed that the above amendments made to the Strategic Plan are
      deleted from the document, with the exception of the amendments made to the industry targets as
      contained on Page 1 of the Strategic Plan. The Acting Chairperson further proposed that the
      comments made at the Mine Health and Safety Summit be incorporated into a draft action plan for
      implementation of the deliverables of the Strategic Plan, for consideration by the Council.

      Dr J Stewart stated that the minutes of the Mine Health and Safety Summit were not an accurate
      reflection of the recommendations of the Summit regarding the draft Strategic Plan document, and
      supported that proposal to delete the comments of the Summit from the Strategic Plan document.

      Mr T Kruger supported the proposal to delete the comments of the Summit from the Strategic Plan
      document, and further supported the proposal that the Summit comments be drafted into an action
      plan to be considered when debating the deliverables.

      The Acting GM stated that the compilation of an action plan, for implementation of the deliverables
      of a Strategic Plan, was a requirement of National Treasury regulations. The Acting GM stated
      that the comments made during the Summit should be incorporated into an action plan, for
      consideration by the Council.

      After further discussion, it was AGREED:




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MHSC – Minutes of 31 October 2003                                                 Circular 125-MHSC-2003




        MHSC DECISION: 62/2003

        1. That the “Cautionary Note” contained on Page (i) of the Strategic Plan is amended as follows:
           “Based on the previous year’s audit, and its interpretation of the Council’s Constitution, it has
           been assumed that application of the PFMA to the Council and its governing legislation
           causes the Mine Health and Safety Levy to accrue to the Mine Health and Safety Council.
           Whether this assumption is valid or whether the levy in fact accrues to the Department of
           Minerals and Energy as indicated in current regulations under the Minerals Act in force in
           terms of Schedule 4 of the Mine Health and Safety Act (No. 29 of 1996), is a matter under
           investigation with a view to obtaining clarity prior to the forthcoming financial year.”
        Action: Committee Secretariat
        2. That the Mining Industry Targets as contained on Page (1) of the Strategic Plan are amended
           as follows:
           “Occupational Safety – Fatalities and Injuries
           Industry Target: Zero rate of fatalities and injuries
           Milestones by 2013:
               -       In the Gold sector: To meet Achieve the safety performance levels equivalent to
                       current international benchmarks for other underground metalliferous mines at the
                       least;
               -       In the Platinum, Coal and Other Sectors: Achieve consistent and continuous
                       improvement, and achievement of current international benchmarks at the least.
           Occupational Health
           Silicosis:
           Industry Target: Elimination of Eliminate silicosis
           Milestones by 2013: Referred to MOHAC and the MHSC to translate the intended target into
           determine meaningful milestones.
           Noise Induced Hearing Loss:
           Industry Target: Elimination of Eliminate noise induced hearing loss
           Milestones by 2013: Referred to MOHAC and the MHSC to translate the intended target into
           determine meaningful milestones.”
        Action: Committee Secretariat
        3. That, with the exception of the above amendments, all other amendments to the Strategic
           Plan as displayed in red text are deleted from the document;
        Action: Committee Secretariat
        4. That the deliverables in the Strategic Plan document be reviewed and revised where
           necessary to reflect the deliverable in noun form and not in verb form;
        Action: Committee Secretariat
        5. That, on effecting the above amendments, the Strategic Plan is submitted to the Minister of
           Minerals and Energy and to the National Treasury.
        Action: Committee Secretariat
        6. That the final Strategic Plan document be forwarded to all members of the Council for
           notification.
        Action: Committee Secretariat

7.    MINE HEALTH AND SAFETY COUNCIL BUDGET (CIRCULAR 111-MHSC-2003 REFERS)

      The Acting CFO reported that the Budget circulated prior to the meeting is unchanged from the
      budget previously approved at the MHSC meeting on 26 September 2003 (item 8.1 of the MHSC
      minutes of 26 September 2003 refer/Circular 105-MHSC-2003 refers). The Acting CFO reported
      that submission of the Budget to the Minister of Minerals and Energy was held over pending any
      changes which may have been made to the Strategic Plan document in this regard at the Mine

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MHSC – Minutes of 31 October 2003                                                Circular 125-MHSC-2003


      Health and Safety Summit. As no changes had been made to the Budget contained in the
      Strategic Plan document, the full Budget is re-submitted to the Council for information purposes
      only.

      Mr T Doyle asked whether the financial expenditure for the purchase of new laptop computers,
      new accounting software and the extension of the MHSC office lease had been included in the
      Budget. The Acting CFO confirmed that these items were included in the 2003/4 financial year
      Budget.

      After further discussion, it was AGREED:

        MHSC DECISION: 63/2003:

        1.  That a letter, for signature by the Director-General of the DME, be drafted for submission to
            National Treasury incorporating the following points: (a) informing National Treasury that the
            2004/5 MHSC Budget is a provisional budget, (b) requesting permission from National
            Treasury to temporarily budget for a deficit, and (c) requesting permission from National
            Treasury for accumulated funds, if any, to remain in the MHSC budget. The DME to arrange
            preliminary meetings with National Treasury prior to making the above submission;
        Action: MMA Zondi/T Doyle/B Gordon
        2. That the Budget for the 2004/5 financial year, incorporating two year rolling budgets for the
            years ending 31 March 2006 and 2007, be APPROVED for submission to the Minister of
            Minerals and Energy, on receipt of approval from National Treasury on the issues detailed in
            point (1) above, and subject to the following amendments being effected to the
            documentation:

            Page 1, 2nd paragraph: To read “The budget is based on current expenditure projections and
            assumes, subject to the approval of the National Treasury, that accrued funds may be used
            to fund temporarily accommodate the deficit of the administrative costs of the Council. There
            is doubt on this point as In accordance with present understanding the accumulated funds
            were derived from levies for occupational health and safety research and surveys and the
            applicable regulations place restrictions on how these funds may be used.”
            Under the Budgeted Income Statement: Delete divisions under the heading “Research
            Expenditure” and replace with one total figure under heading “Research Expenditure”;
        Action: Committee Secretariat
        3. That the final amended Budget, together with the approval from National Treasury, be
            circulated to all members of the Council for notification purposes.
        Action: Committee Secretariat

8.    GENERAL

8.1   Approval of Expenditure to Purchase of Lap-top Computers (Circular 107-MHSC-2003
      refers)

      The above request was circulated for approval on a round-robin basis on 23 October 2003 with a
      deadline for response by 31 October 2003. It was NOTED that the State has recommended that
      the following be approved with regard to the above request for approval of expenditure to
      purchase new lap-top computers:

      1. The transfer of budget of R50 000,00 from Insurance to Fixed Asset purchases;
      2. The purchase of the new laptops from Comparex;


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MHSC – Minutes of 31 October 2003                                                Circular 125-MHSC-2003


      3. The scrapping of existing machines as indicated in the proposal on the provision that they may
         be sold to staff on a closed tender voetstoots basis, should anyone wish to buy them.

       It was NOTED that responses on the above request are awaited from Labour and Employers. It
       was further NOTED that the Labour and Employer Convenors had undertaken to obtain written
       responses for the above request by 31 October 2003.
Action: J Stewart/M Llale

      Dr Stewart expressed dissatisfaction with the manner in which the above round-robin approval had
      been sought from the Council and proposed the following procedure for future decisions made on
      a round-robin basis:

      (a)    That the request for approval of funding is addressed to the Council Convenors and copied
             to other members of Council;
      (b)    That the Convenors liaise with the other members of Council in their respective
             constituencies to obtain the necessary mandate for a response to the request;
      (c)    That the response be made by the Convenors on behalf of the other members of Council in
             their respective constituencies.

      Mr T Doyle reported that the Chairperson of Council had expressed reservations on the manner in
      which approval for the above request had been sought from the Council and had proposed that
      future requests for approval of expenditure of this nature be dealt with in special urgent meetings
      of the Council Convenors. Dr Stewart stated that the manner in which the Council Convenors
      currently operate in relation to their Principals, as a result of the new regulations under the PFMA,
      should be revisited. Mr T Main stated that one of the proposed items for discussion on the agenda
      at the next meeting of the Council would be the possible appointment of the Council Convenors as
      an executive committee of Council. Dr Stewart stated that, whilst this could be an option, any
      proposed arrangement, whilst it should operate expediently, should also take cognisance of the
      fact that the Convenors must consult with their constituencies before making decisions on their
      behalf. Mr T Kruger stated that the Labour caucus operates strictly according to a system of
      mandates from their constituency and that this system would not be compromised, regardless of
      practical considerations. Mr T Doyle requested that a method of finalising documentation be
      expedited, as this issue would impact on the approval of draft legislation. Mr Doyle further
      requested that stakeholders bear this point in mind with regard to deadlines on decision-making
      when proposals from MRAC on new draft regulations are submitted to the Council in due course.
      Mr T Kruger stated that an official mining labour caucus was in the process of being re-established
      and that the labour caucus would then be able to convene meetings at short notice to obtain the
      necessary mandates for decisions within the specified deadlines. Mr Kruger further proposed that
      the NUM and UASA, as the official unions representing Labour in the mining industry, be allocated
      one seat each on the Council Convenors as this should then give Labour the required mandate to
      make decisions on behalf of the unions’ combined constituencies.

       It was requested that the Acting GM submit a proposal for an operational decision-making
       structure within the Council to the next meeting of the Council for consideration.
Action: Mr T Main

8.2   Approval of Expenditure to Purchase of New Accounting Software (Circular 108-MHSC-
      2003 refers)

      The above request was circulated for approval on a round-robin basis on 23 October 2003 with a
      deadline for response of 31 October 2003. It was NOTED that the State had recommended that


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MHSC – Minutes of 31 October 2003                                                Circular 125-MHSC-2003


      the following be approved with regards to the above request for approval of expenditure to
      purchase new accounting software:

      The purchase and implementation of the Great Plains Accounting package, at a cost of R216
      000,00 for the hardware and software, and an estimated R160 000 for implementation and
      training.

       It was NOTED that the Labour and Employer Convenors had undertaken to obtain written
       responses for the above request by 31 October 2003.
Action: J Stewart/M Llale

8.3   Approval of Expenditure to Extend the Lease for the MHSC Office (Circular 109-MHSC-2003
      refers)

      The above request was circulated for approval on a round-robin basis on 23 October 2003 with a
      deadline for response of 31 October 2003. It was NOTED that the State had recommended that
      the following be approved with regard to the above request for approval of expenditure to extend
      the lease for the MHSC office:

      1.      The extension of the lease on the above basis by round-robin, and;
      2.      Delegation of authority, in terms of the Council’s Limits of Authority policy, to the Acting
              General Manager/Acting Chief Financial Officer to sign the lease agreement on behalf of
              the Council.

       It was NOTED that the Labour and Employer Convenors had undertaken to obtain written
       responses for the above request by 31 October 2003.
Action: J Stewart/M Llale

8.4   Date of Next Meeting

      It was NOTED that the next scheduled meeting of the Council is as follows:

      Date       :   03 December 2003
      Time       :   09h00
      Venue      :   MHSC Offices, 2nd Floor, Braamfontein Centre, 23 Jorissen Street, Braamfontein

9.    CLOSURE

      There being no further business to discuss, the Chairperson thanked members for their
      attendance and adjourned the meeting at 09h30.


      MINUTES CONFIRMED WITH/WITHOUT AMENDMENTS




      ___________________________                         __________________
      CHAIRPERSON                                         DATE




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