19 January 2018

1. Introduction To all our Members, Associate members, Suppliers and other, we take this opportunity to wish you the very best for 2018. We want to thank all those who supported ASPASA’s initiatives in 2017 and we trust that we can go forward with the same vigor and enthusiasm as in previous years. To the Independent Auditors, Marius van Deventer (ISHE – Health & Safety) and Cluett Consulting (ABOUT FACE | Environmental), we want to say a huge thank you for the valuable input you add to ASPASA. The audits have grown and members are now requesting more training sessions on Health & Safety and Environmental, Thanks to the office staff for the work done last year. To our Mancom members, thank you for the support during the year, and we look forward to a successful 2018. Last but not least to our Committee Chairperson, Top Management of Companies and Training service providers – hold on here we go!!

Nico Pienaar

“We have a system in place” We often hear that “we have a system in place”, so we should be alright. This is a big myth. Its like saying I wear my seatbelt, so I won’t get injured. Many people die with their seatbelts on, some survive without their belts on. Getting back to the Courts and we see this is were having a system in place means nothing unless one can demonstrate that the system is effective. This means that the system must be proven to achieve what is says it does. Does it work? Do Risk Assessments always work or bring out the real problem? We often find there is a “paper system” that is used to defend our point. ASPASA has had complaints from members that they think they have a system until the regulator looks at it and finds it inadequate. It is important that the operations and managers get somebody to check what is in the system. ASPASA does do this checking, but the “consultants” are often just “cutting and pasting”. The management team don’t study the so-called system which often has cost a huge amount – as they “trust the consultant”. Remember, the person who stands in the court and has to answer the questions is the manager or even the CEO and not the Consultant.

1st Edition 2018

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Can we as ASPASA ask that special focus be given to documents, policies, systems that are there in writing but which can be used against the company? Note these are not only health and safety, environmental, technical, HR issues, but other issues such as misuse of computers or other resources in a company. Please be vigilant.

ASPASA LEVY RETURNS 2018 & UPDATE YOUR MEMBERSHIP

We will shortly be sending out the levy return forms for 2018, along with “Update your membership details”. We request that members please complete the necessary sections and return the forms to office@aspasa.co.za. Why do we need this information? http://aspasa.co.za/wp-content/uploads/2018/01/UPDATE-YOUR-MEMBERSHIP-PROFILE-2018.pdf 1. It is found there are many changes that have taken place within companies. 2. Only certain people attend the meetings or training. Perhaps others are not getting the

information and therefore not registering or partaking.

2. Upcoming meetings

22 February 2018 – Mpumalanga Regional Meeting 23 February 2018 – Environmental Workshop – Mpumalanga (Book these 2 days out – this is the first meeting in this region – please tell others about it)

Upcoming training/workshops 30 January 2018 – ASPASA Environmental Workshop – Gauteng 31 January 2018 – ASPASA Health & Safety Workshop – Gauteng 08 February 2018 – Women in Surface Mining – Please register – closing date 26 February 2018 5 – 6 June 2018 – Visit SAPPI/Quarry & NPC Factory 5 – 9 July 2018 – Eastern Cape Site visit – Mtentu Bridge

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Note: a detailed training schedule will be sent out by early February. Ask for it if you have not received it. Remember there are monies to be claimed back if you train. If not sure – contact ASPASA.

3. Legal Compliance Issues Annual Medical Report due Please remember the Annual Medical Report is due end of February every year.

Proposed regulations to exclude waste and streams from the definition of waste Notice: 14 | Gazette: 41380 | Date: January 2018 The Minister of Environmental affairs has, in terms of section 69(1)(dd), read with sections 1 and 73 of NEM:WA, given notice of her intention to make regulations to exclude a waste stream or a portion of a waste stream from the definition of waste asset out in the schedule to this notice. The purpose of the regulations is to, inter alia;

Prescribe the manner in which a person or category of persons may apply to the Minister for the exclusion of a waste stream or a portion of a waste stream from the definition of waste; and

Exclude a waste stream or a portion of a waste stream from the definition of waste. Schedule 1 to the draft regulations list the waste streams or portion of a waste stream excluded from the definition of waste, which includes uses pertaining to –

Slag from Metallurgical processes;

Ash from combustion and gasification processes;

Gypsum from pulp, paper and cardboard production and processing and combustion and gasification processes; and

Biomass (defined as a non-fossilised and biodegradable organic material originating from plants, animals and micro-organisms excluding: (a) sewage); (b) sewage sludge; and (c) treated or coated wood waste which may contain halogenated organic compounds or heavy metals).

Members of the public are invited to submit written comments within 30 days from the date of this publication (i.e. on or before 12 February 2018).

Guideline for compilation of a mandatory Code of Practice for the Management of Medical Incapacity due to ill-health and injury See attached - http://aspasa.co.za/wp-content/uploads/2018/01/GUIDELINE-FOR-COMPILATION-OF-MANDATORY-COP-FOR-MANAGEMENT-OF-MEDICAL-INCAPACITY.pdf

4. Skills Development/Training MQA Mine Community 2018 Application Form – please note closure date. http://aspasa.co.za/wp-content/uploads/2018/01/MQA-MINE-COMMUNITY-2018-APPLICATION-FORM.pdf MQA Discretionary Grants (2018-2019) Introduction – Compliance & Reporting Workshop 2018.

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ASPASA will be hosting a workshop in the near future to discuss various issues that are related to Compliance and Reporting to satisfy legal issues in regard to Mining Rights, Discretionary Grants, Skills Development, Workplace Skills Plans, etc. MQA Discretionary Grants (2018-2019) Included is a call for Application for the MQA Discretionary Grants. ASPASA is aware that member companies are battling with the claiming of these grants. To assist members with this, ASPASA through its service provider will assist and advise members for a set fee of R10 000.00 and full mine will be dealt with. Interested companies can contact training@aspasa.co.za for assistance.

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5. Transport/TMM Update on TMM Regulations See attached circular from MRAC. http://aspasa.co.za/wp-content/uploads/2018/01/ADVISORY-NOTE-FOR-ENFORCEMENTOF-SUB-REGULTIONS-TMM.pdf ASPASA members together with suppliers and producers are working hard on this issue. Brake Testing – Articulated Dump Truck http://aspasa.co.za/wp-content/uploads/2018/01/Pre-use-brake-test-for-dump-trucks.pdf Test & Examine Loco Brakes http://aspasa.co.za/wp-content/uploads/2018/01/Test-Examine-Loco-Brakes.pdf

6. Technical Please see separate Technical bulletin.

7. International Liaison & Issues Gain 2018 During the week of 21-25 May 2018, the GAIN meeting will be held in Spain. ASPASA being an active member of GAIN will attend. Should there be 2 – 3 ASPASA members who would like to attend, then please contact the ASPASA offices. Costs will be for your own account but the meetings will be open to the ASPASA delegation. ASPASA might also wish to request for some South African Sponsorship to assist with costs. Summary of the GAIN Vision of the future

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8. Local Liaison During 2018 ASPASA will in conjunction with South African Coal Ash Association be hosting two regional meetings. As members are aware ASPASA has a narrow relationship with the Coal Ash Association and therefore some cooperation and planning for 2018: Proposed details: 1. Visit to Lephalale to see Madupi and Matimba power stations. Two presentations and a guided

tour. Date: 5 & 6 June 2018 (details to follow)

2. Visit to New Castle to visit SAPPI/Quarry and NCP factory. NCP apparently have systems to

use ASH. Site visits and two papers. Date: 2 October 2018 ASPASA has scheduled to hold the KZN Regional meeting on 3 October 2018.

Further details to be circulated nearer to the date. Please diarise in the meantime.

CMA Awards See attached - http://aspasa.co.za/wp-content/uploads/2018/01/CMA-AWARDS-2018.pdf

Liaison Committee : SAFCEC/SANRAL/CESA On 26 October 2018 a meeting was held in Cape Town. A few important issues for noting: Toll Road Projects: No further tolled projects were planned for the Western Region. The Wild Coast Toll Road was going ahead as planned. The stalemate regarding the Knysna bypass was still extant. It took a long time before award and in many instances, no award was made. It seems that intervention from Treasury was the root cause behind this. It was stated that in future the experience of consultants was to be evaluated, which could lead to delays in the rolling out of projects. Documentation: On an issue with mobile asphalt plants, it was noted that although environmental approval had been obtained for the utilization of this equipment, some were abusing the privilege and the consent could be withdrawn in line with NEMA. The following was submitted: “Where asphalt for the project is sourced from a mobile asphalt plant, the Contractor must obtain assurance in writing that the establishment and operation of such mobile asphalt plant is in accordance with the National Environmental Management Act: Air Quality Act 2004 (Act No 39 of 2004) and the National Environmental Management Ac, 1998. These items to also be included in the regular site audit protocol to ensure ongoing compliance”. Materials: No shortages of materials were reported. There was a surplus of bitumen.

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Next meeting: To be held in Cape Town - 1 March 2018 | 25 October 2018 (with CESA)

9. Health & Safety See separate Health & Safety bulletin.- www.aspasa.co.za

10. Environmental See separate Environmental bulletin – www.aspasa.co.za

11. Public Relations Eastern Cape Site Visit Introduction ASPASA members will be aware of the new N2 Wild Coast project that kicks off in January 2018. The project will last roughly 40 months and could cost in the region of R1 634 billion. The Mtentu Bridge will have one of the longest main spans built using balanced counter-lever methods in the world (260m), will reach a height of approximately 220m. This bridge will be situated in the new N2 WC route between Port Edward and Lusikisiki. This bridge is one of two very big structures to be built. The second one is Msikalsa Bridge, also on this route. The visit ASPASA is planning In the past ASPASA always planned trips to see big structures which would change people lives and add value to the country. Visit to Katse & Magugu Dams in Lesotho have been done a few times as the projects have been developed. A visit to Swaziland to visit the dam was also undertaken. Not only have these been a visit but also a bit of an outreach to the communities. This new N2 Wild Coast is a mammoth task which has been talked about for many years. The Engineers and planning people at SANRAL have put in a great effort with huge resistance from various bodies and people. (The concept of not in my backyard is relevant). ASPASA has made contact with a very helpful and friendly person who is the project manager of this project. He has welcomed ASPASA to organise such a trip. He also shared details of venues, but he did emphasise that the sites we would visit are only suitable for 4x4 vehicles. Proposed plan: Date: 5 – 9 July 2018 (All meet on 5 July 2018 – venue to be confirmed) Accommodation: Accommodation will be sourced, but each person will be liable for their own costs. Volunteers: Volunteers will be asked to assist in gathering and leading the Western Cape and Eastern Cape delegation. Gather and lead the KZN delegation. The undersigned will coordinate the Gauteng/Mpumalanga/Limpopo/Freestate participants. 6 July 2018 – A site visit will be done to the site and if possible on 7 July to other sites. 8 July 2018 – “clutch out” 9 July 2018 – return to home.

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Interested persons can contact the ASPASA for the necessary registration forms – office@aspasa.co.za / 011 791 3327

2018 ASPASA Regional Meetings. In 2018 ASPASA will hold further regional meeting and the dates have provisionally been set for: 22 February 2018 - Mpumalanga - Anthony Bowen 12 April 2018 - Limpopo - Nicolaas van Waveraan 6 June 2018 - Gauteng - Trevor McAdam 3 October 2018 - KZN - Jeremy Hunter-Smith 1 November 2018 - Western Cape - Collin Ramukhubathi If other regions want to arrange similar meetings, ASPASA needs to have a champion in the region to organise a venue, invite suppliers and sponsors. For a copy of the presentations, please contact the ASPASA offices.

12. SACAA NEWS Council meeting dates for 2018 14 February 2018 – The Concrete Institute 09 May 2018 15 August 2018 – AGM 14 November 2018

SACAA is also planning to have two regional events this year. Watch out for these events and communication will be sent out well in advance. SACAA Ash Conference 2018 SACAA in association with Eskom will be hosting the Ash Conference on 22 February 2018 at the Eskom Megawatt Park Auditorium. The invitations have gone out, so please get your applications in, as it is going to be massive for new business development initiatives. There will be 10 speakers with a range of topics including some exhibition stands. On 23 February a site visit to various sites in the Vaal Triangle have been arranged, starting at Lethabo Power Station. The details will be sent to the delegates that have indicated this option of the conference.

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13. General (Nico Specials)

We start 2018 with a much more positive view of the year than what we ended 2017 with. So some focus on 2018 and the role we have to play: The issues of compliance, honesty and anti-corruption is something that we in industry should our focus on, but Executives in companies also need to be aware of their roles. In the fields of Environmental Compliance and Health & Safety Compliance we need to ensure that the legal compliance issues are adhered to. ASPASA, a forerunner in ensuring that at least these two issues are dealt with properly, has found that that there are companies that resist the fact that they have to comply. ASPASA gets told that the company is doing fine and that doing audits and training on Health & Safety and Environmental is just a waste of money. What is interesting, when one sees the results of the audits that ASPASA does, it is clear who is and who is not committed. This brings us to the role of Executives in the companies. There is a thing like being prosecuted. Suddenly in SA we see that politicians and government officials are being dealt with, so this could also escalate to the business world. When getting to court, the expectation is that Executives have taken “reasonable” steps to ensure that legal issues in their business are in compliance. As the saying goes: “that when all is fine, then there is no problem, it is the day when the wheels fall off that everybody focuses and culprits are looked for. In 2016 a personal experience that I had to deal with confirmed this view. A fire broke out at our house and one third of the house was totally destroyed, the other 3rd was destroyed by water that was used to stop the fire. A vehicle in the garage was totally destroyed. After the shock, we remembered about our insurance cover and if the insurance policy would pay. Luckily the “reasonable” step that had been taken was to over insure the contents of the house. The repairs and payment were adequate and the outcome was positive. If the cover had not been enough, either I would have been blamed or the system would have been criticized. Some steps to have been able to take reasonable steps can be called due-diligence: - It is important to keep up-to-date with the situation and the knowledge that applies to your own

household situation, but also in regard to health and safety and even importantly the environmental side of your business. As values of your furniture and valuables change, so do the laws and issues change on Health & Safety and the Environment. Quality and others can also be included.

- Gain an understanding of the situation of the operation or the business sector. Find somebody to help you identify hazards and possible issues. ASPASA does this for you. We do audits and are planning even more focus areas, i.e. quality and human resources issues.

- Make sure the people who run and deal with your business are skilled and trained. Do they understand all the implications or are they just “nice” people. Again, ASPASA can organise many courses for those who have gaps in their make-up.

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- Then lastly, as an Executive, check and make sure that what you are being told is true. In a recent training course that ASPASA held, the Advocate and Union leader told the delegates that one of the first questions that a CEO is asked during an enquiry is if he/she had taken reasonable steps to ensure the MHSA has been properly performed. In the MHSA, Chapter 2, under 2A, it is clearly stated that the CEO is responsible. The example given was if the CEO was told or if he visited and inspected the site, if he did inspect, did he go where he was told or did he do his own check and walk about where he wanted to and talk to workers. Note that under the Occupational Health & Safety Act, 85 of 93, paragraph 16 also deals with CEO’s duties.

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Associate Member Profile

ASPASA appreciates the support of our associate members

If we have omitted your logo as an associate member, it is because we don’t have it. Please submit your company logo to office@aspasa.co.za for inclusion in our next bulletin