AFRICA: WHAT’S DRIVING EHS REGULATORY CHANGE?
According to the International Labor Organization,
‘‘the industrialization of developing
countries is often accompanied
by a rapid increase in numbers
of fatal and non-fatal accident
rates, with the growth of new
factories and the development of
the infrastructure, the construction
of new buildings and roads, all
of which may employ untrained
(and migrant) workers in new
environments, exposed to risks
hitherto unknown to them”.
Due to increased concerns about the negative
impacts MNC operations have on the environment
and workplaces, many African governments have
been aggressively introducing stringent EHS
regulatory frameworks aimed at preventing the
harmful effects of these operations from taking a toll
on human life and the environment. With numerous
policy and legislative instruments being continuously
developed and strengthened, enforcement and
harsh penalties have also been increasing.
Recent developments in
South Africa and Nigeria
South Africa with the second biggest economy
on the continent has by far introduced the
most EHS regulations of any other country
in the continent. These regulations cover
many aspects including construction, waste
management, carbon emissions, mining and
ozone-depleting substances. In order to
improve health and safety of all persons and
companies involved in construction work,
in February 2014 the Department of Labour
adopted the Construction Regulations,
2014. Under these Regulations, as of 7
August 2015, any company that intends to
Enhesa Flash October/November 2014 | www.enhesa.com
have construction work carried out must apply
for a construction work permit from the provincial
director of the Department of Labour. The permit
application must be lodged at least 30 days before
any construction work is carried out. Additionally,
the company will be responsible for applying for
the permit even if the construction work is going to
be carried out by a third party.
South Africa’s mining industry with its vast mineral
resources has also been subject to increased
regulatory changes. Mining companies operating
there should be aware that as of 8 December
2014, all environmental related mining activities
will now be regulated under One Environmental
System. Under the amendments introduced
by the One Environmental System, company
directors of any mining company or members of
a close corporation will be jointly and individually
liable for any negative impacts, including
damage, degradation or pollution, advertently or
inadvertently caused by the company or close
corporation which they represent. Additionally,
amendments made to the Mineral and Petroleum
Resources Development
Bill, 2013 were
passed by
Parliament in March 2014 and the Bill has since
been sent to President Jacob Zuma for assent.
The main objective of the Bill is to strengthen
existing provisions relating to among other things
environmental authorizations, mine closures, the
management of residue stockpiles, penalties and
the implementation of Social and Labour Plans
which are aimed at increasing socio-economic
developments through mining. The Bill proposes
to make penalties more stringent and tougher with
an intention to deter non-compliance. Penalties
for non-compliance would for the first time be
linked to a percentage of the mining company’s
annual turnover and exports during the preceding
financial year. If, for instance, the mining company
prospects, mines, removes, conducts operations,
explores for or even produce any minerals without a
mining permit, right or environmental authorization,
it would be fined 10% of its annual turnover and
exports during the preceding financial year or
face imprisonment for a period not exceeding
four years or both such fine and imprisonment.
Among other things once the Bill is adopted,
mining companies would only be issued with
mining permits if the proposed mining is not going
to result in unacceptable pollution, ecological
degradation or damage to the env \