mining qualifications authority - mqa(mqa) conducted a study aimed at developing a disability and...

RESEARCH CONDUCTED

ANNEXURE 1

ANNEXURE 1

ANNEXURE 3

ANNEXURE 2

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Research Conducted

References

Sample of template questionaire used to assess mines

Disability & Reasonable Accommodation Toolkit for the Mining and Minerals Sector

1. METHODOLOGY USEDA comprehensive assessment was used through desk top research, telephone enquiries and face to face interviews with the officials responsible for skills training and development in mining companies. The desk top research conducted provided an opportunity for an overview and a collective understanding of the status in the mining and mineral sector based on the national reports in the DMR, Parliament, National Committees and those compiled by private consultants.

The process involved gathering information by communicating through emails and presenting questionnaires electronically.

During the face to face meetings, the purpose of the project was discussed followed by the completion of the questionnaire.

Several site visits were conducted and these provided an opportunity to observe the current situation in the mining companies.

This methodology was conceived to be the best in terms of collecting information and providing a comprehensive analysis of findings.

Challenges were faced in accessing the mines and this limited, to some extent, available information and the ability to compare situations in different mines. Some of the interviewers have physical disabilities and were unable to access the mines to conduct the meetings.

A symbol of a low vision or blind person

An accessibility symbol

PREFACE

As a result of a need identified in the mining and minerals sector, the Mining Qualifications Authority (MQA) conducted a study aimed at developing a Disability and Reasonable Accommodation Toolkit for the mining and mineral sector.

Ha! now you want me to “fly” into your office!

In designing the toolkit, a user-led (people with disabilities) approach and process was used to:

1. Conduct a study to determine the status quo with regards to mainstreaming of disability in the sector

2. Interviews were held with stakeholders to test understanding and the extent of the inclusion of people with disabilities in the workplace

3. Desktop research and literature review to get the correct facts and validate research findings

4. Analysis of data, policies and legislation in South Africa

In order to source information, eight mines out of the twenty seven mines were invited to participate. Mine visits were scheduled and people with disabilities were included which proved challenging as most mines are not accessible to people with disabilities. This resulted in some companies being interviewed at a venue that could accommodate the interviewer and the interview.

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2. TYPES OF QUESTIONS ASKED AND FINDINGS

The questionnaire was divided into key sections and the questions posed were designed and classified to source as much information as can be gathered through these sections:

Policies and StrategiesThe questions under this section were designed to establish if there were policies and systems in place to assess how companies included and accommodated disability issues. The questions also established the extent to which companies knew, understood and monitored disability specific policies and how they implement them.

It is important to understand what disability is within the mining and minerals sector because this is key in assessing whether there are relevant policies and systems in place.

Disability in the Workplace The questions under this section were designed in order to find out if there were people with disabilities in the work place, whether companies meet the employment equity target, what employment status is accorded people with disabilities, the types of disabilities in the workplace, whether the companies have systems in place to develop and empower people with disabilities.

OpportunitiesThe questions under this section related to economic opportunities that the mining companies offer, the extent to which these opportunities included people with disabilities, and what systems were used to attract them to these opportunities.

Broad-Based Social-Economic Empowerment Charter for the South African mining sectorThe questions under this section assessed human resource development, procurement, ownership and joint venture opportunities, employment equity and the reporting systems on the implementation of the Mining Charter are reflecting specific areas where disability issues are integrated as far as the definition and interpretation of BEE and HDSA applies in business opportunities created in the mines.

Energy is key for the development of the mining sector just as the energy that people with disabilities bring to the workplace!

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Assessment on Issues Related to Broad-Based Social-Economic Empowerment Charter for the South African Mining Sector

The Mining Charter (with its’ Broad-Based Social-Economic Empowerment Charter for the South African Mining Sector) and the Black Economic Empowerment Act are socio- economic transformation tools aimed at increasing the number of HDSAs (historically disadvantaged South Africans) to actively participate in the economic development of South Africa.

The Mineral Regulatory branch of the DMR regulates the mining and minerals sector to achieve transformation goals. It further creates a conducive environment for sustainable development through licensing, monitoring and enforcing compliance using legislative regulations.

The key focus areas are:• To address past imbalances by promoting opportunities for historically disadvantaged South Africans (HDSA’s).

• To increase the number of job opportunities created by sustainable growth and development.

• To govern the mineral resource sector to become a cleaner, healthier and safer environments.

During the 2008/09 financial year, the Mineral Regulatory branch granted mining rights to 152 HDSA’s and 34 licenses to companies headed by women. A number of workshops on the regulatory framework for the mining sector were held and attended by representatives from the sector, companies headed by women and HDSA’s. A total of 2 350 environmental management compliance inspections were carried out during the year under review.

Summary of Findings: • The implementation of the Charter, the economic tools and regulatory imperatives define HDSAs as black entrepreneurs entering the board rooms of mining companies, black owned companies getting business deals within the sector. • The licensing or registering process of CIPC and its requirements as well as the regulatory role of the DMR through its Mineral Regulatory branch have no preconditions which encourages the inclusion and participation of people with disabilities in the mining and minerals sector through ownership and control. • A 2008/2009 annual report of the Parliamentary Joint Monitoring Committee on the Status and Quality of Life of Children, Youth and People with Disabilities provides no specific reporting indicators on how disability integration was achieved for that period.

Assessment of Staff with Disabilities on the Site

The assessment was designed to describe the environment in which people with disabilities work. The questions were designed to source direct information from them concerning workplace issues on skills training and development opportunities, accessibility, reasonable accommodation, support systems and an understanding of human rights issues as they apply to disabilities.

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Assessment on Issues Related to Staff with Disabilities on the Site Summary of findings:

Some companies claim to have people with disabilities in their workplace. These companies further acknowledge that they are not addressing disability issues as much as they should be. There was no executive management which gave permission to interact with or interview them, it was impossible to verify the information supplied during a meeting with officials of one company and also during telephonic conversation with a transformation officer from another company.

One company indicated that they did not have people with disabilities in their staff composition. However following discussions on the definition of disability, the company representative reported that there were people who could be classified as being disabled. When asked about the initial response that there were no people with disabilities in the company’s employment, the representative responded that the company had overlooked these individuals’ disabilities. In that company people are employed on the basis of their qualifications and are retained on merit and not on the basis their disabilities.

Assessment on Issues Related to Disability in the Work Place. Summary of findings:

• Many companies have adopted an attitude of “we do not discriminate here” or “we do not label people here” as an excuse not to address and highlight the integration and mainstreaming of disability in the workplace. Hence, disability specific issues of accountability and monitoring are clouded.

• Many companies, operating in a similar environment, cannot define disability as pertaining to their workplace, context, environment and risks. In most cases it is defined as a chronic condition of health such as diabetes, high or low blood pressure, dizziness, poor eye sight, TB, HIV/AIDS amongst others.

• There are no exclusive programmes designed to identify and attract people with disabilities. Workplace programmes are general and the manner in which they are designed becomes a barrier for people with disabilities.

• The accountability and reporting systems are not specific enough to have clear breakdown reports specific to disability.

Assessment on Disability Access Issues

The assessment was designed to give practical exposure to the mining environment in order to identify what access systems are in place in place in order to measure a company’s willingness to integrate disability and the level to which it complies with principles and standards of access.

Summary of findings: The meetings were conducted on site as well as at a venue suitable for all stakeholders. It was difficult to assess issues of disability access through telephonic discussions, though the representative referred to having some systems in place which enabled physical access and other forms of access for people with disabilities to perform optimally at the workplace.

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Assessment on Issues Related to Planning and Reporting Summary of findings: Planning and reporting is the responsibility of the executive, the operational teams and the HR unit. However all members of staff are consulted if there are issues that they need to raise so that these can be forwarded to the executive.

The irony of this system is that it excludes people with disabilities especially in an environment where they and the mining and minerals sector officials are do not have the necessary capacity to articulate their issues. In addition many people with disabilities do not understand issues of disability as a rights issue. Nor are they able to provide strategic input to the planning and reporting processes of the mining house.

Social Corporate Responsibility (SCR)The questions were designed to establish if there are any socially sponsored programmes that the mines have established, facilitated and supported for their employees with disabilities, their families and the communities within which they reside and within which the companies operate.

Summary of findings: Many companies do have a Social Corporate Responsibility. During the survey it was discovered that only one company out of eight visited in particular has not taken an effort to address social responsibility issues. They were contacted by the department of sports and recreation to participate in a sports event and to sponsor the event for people with disabilities. However the proposal was not pursued. Many of the companies that were assessed have not made an effort to address social responsibility issues. One company had been contacted by the department of sports and recreation to participate in a sports event and sponsor the event for people with disabilities but that was not pursued.

Testing Myths with Slogans In the Mining SectorThese questions were designed in order to measure the level of understanding and knowledge by the employees in the mining sector. This will help to facilitate capacity building exercises in order to change attitudes about disability and towards people with disabilities.

Summary of findings: For the fact that people with disabilities were not part of the meetings or conversations that we held during the interviews with the sector, and the fact that the employees with disabilities could not even interact, interview or be referred to by their names, suggests that the various myths are being perpetuated in the mining and minerals sector. This was a confirmation that people with disabilities cannot represent themselves or are not able to interact with other individuals.

Inclusion in Planning and Reporting

Let us be part of the planning process of the business

These questions were designed in order to ascertain whether business and operations strategic process and planning integrate disability and the approach to these processes. This is about finding out if there are consultative and reporting systems in the workplace and how they are facilitated, implemented and monitored.

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SAMPLE OF TEMPLATE QUESTIONAIRE USED TO ASSESS MINES

ANNEXURE 2Inclusion in Planning and Reporting


SECTION A: PURPOSE

The purpose of this instrument is to conduct a Situational and Gap Analysis on the sector to inform the development of a disability and a reasonable accommodation toolkit for companies in the Mining and Minerals Sector (MMS).

SECTION B: INTRODUCTION

This assessment form must be completed by the evaluator or evaluation team. The purpose of the assessment is to provide information for the evaluation database. This information will be used to provide an overview of the mine’s overall performance of programmes and projects on disability.

Ratings:

The evaluators are required to give a rating to each of the items shown below. The ratings are on a scale of 1 – 5 (1 being the lowest and 5 being the highest). Ratings are based on the following criteria:

Excellent = 90% + (5) Very good = 75 – 89 % (4) Good = 61 – 74 % (3) Fair = 50 – 60 % (2) Unsatisfactory = < 49 % (1)

The ratings must reflect the level of achievement, completion, attainment or impact depending on what is being measured. These ratings are based on the findings of the evaluation and hence are a translation of the evaluation results.

SECTION C: QUESTIONS RELATED TO POLICIES AND STRATEGIES:

a) Assessment on policy, implementation and monitoring

Quality Performance Items

1.

2.

3.

4.

5.

6.

Assessment Issues

Disability Policy Framework

Disability Strategy

Communications (networking with disability and other agencies)

HR Strategy (identify, recruit, develop, engage and retain)

Social responsibility program

Support Systems (budget)

Ratings

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b) How is disability defined or understood within your company?

c) Which disability policies are you most familiar with? List at least three.

1.

2.

3.

d) Which disability legislation are you most familiar with? (List 2 examples)

e) What has been your experience in implementing the policies and legislation outlined above? (Select one answer)

Very good, with positive results-see report

Good implementation of policies/legislation

Not so good, there is room for improvement

Poor implementation of policies/legislation

Give reasons for your answer:

SECTION D: QUESTIONS (RELATED TO DISABILITY IN YOUR WORKPLACE)

a) What is your staff compliment? ..............................................................................b) How many people have difficulty in performing their duties to the full - due to ill health? ............................................................................................................................................c) What are the common restrictive health conditions (will help to identify health problems as against problems of disabilities) ……………………………………………………………………………………………………… ………………………………………………………………………….......................................d) How many people with disabilities are employed by your company? ................................ ............................................................................................................................................e) What is the qualification breakdown of the staff with disabilities compliment in your company? (Highest to lowest) ……………………………………………………………………………………………………… ……………………………………………………...................................……………………….f) What positions are occupied by people with disabilities in your company (rated from highest to lowest)? ……………………………………………………………………………………………………… ……………………………………………………………...................................……………….g) What career options are there for people with disabilities in your company/mine?

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Yes

Yes

If yes: Number of beneficiaries in 2009

If yes: Number of beneficiaries in 2010

No

No

1. If yes, do people with disabilities benefit?

2. How many benefited in 2009 and 2010?

3. If no, how best can people with disabilities benefit from scholarships/bursaries from your company?

i) What role / job profiling system do you have? Nhlanhla please explain this question? These are systems to promote employees to various higher positions within the company and how this is going to be achieved ………………………………………………………………………………...…………………… ……………………………………………………………………………............................……

j) What skills, development and training opportunities are available to staff? ……………………………………………………………………………...……………………… ……………………………………………………………………………..............................….

k) How many people with disabilities are participating in learnerships/internships within your company?

Number of beneficiaries in 2009

Number of beneficiaries in 2010

l) How many people with disabilities have applied for the opportunities? ................................ ................................................................................................................................................m) What are the requirements to access these opportunities? ………………………………………………………………………………………………………… …………………………………………………………………………..................................…….. n) What support systems do you have for staff with disabilities? …………………………………………………………………………………………....…………… ……………………………………………………………………………..............................…….. o) How do you measure the value of staff with disabilities within your organisation? ………………………………………………………………………………....……………………… ………………………………………………………..............................…………………………..

p) What type of disabilities does your company/mine normally employ or give opportunities to? (Tick appropriate box)

h) Does your company provide scholarships, bursaries?

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DetailsIndividuals

DetailsGroups

Men

Number

Women

BlindHow many?PsychosocialHow many?People with mental disabilityHow many?People hearing disabilityHow many?People with physical disabilityHow many?DeafBlind PeopleHow many?

Other (specify)

SECTION E: OPPORTUNITIES

a) What beneficiation opportunities exist at the mine?

b) Are people with disabilities presently benefiting from beneficiation opportunities?

c) If so, how many?

d) What procurement opportunities could be accessed by people with disabilities within your company/mine? (list 5 or more)

1. 2. 3. 4. 5.

e) Are entrepreneurs with disabilities, related groups or SMMEs on your database of suppliers? If Yes, how many?

f) If no, what could be done to increase the number of entrepreneurs with disabilities, related groups or SMMEs on your database of suppliers? (list at least 3 recommendations)

1. 2. 3.

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SECTION F: THE BROAD-BASED SOCIAL-ECONOMIC EMPOWERMENT CHARTER FOR THE SOUTH AFRICAN MINING SECTOR

1. Human resource developmenta) Has the company offered every employee the opportunity to be functionally literate and numerate and are employees being trained?

b) Has the company implemented career paths for people with disabilities employees including skills development plans

c) Has the company developed a system through which empowerment groups can be mentored?

2. Procurementa) How does your procurement processes define Historically Disadvantaged South Africans (HDSA), and how are they prioritised in terms of business opportunities?

b) Has the mining company given Historically Disadvantaged South African companies (with shareholding, management and control by people with disabilities) preferred supplier status?

c) Has the mining company identified current levels of procurement from Historically Disadvantaged South African companies (with shareholding, management and control by people with disabilities) in terms of capital goods, consumables and service?

d) Has the mining company indicated a commitment to progress of procurement from Historically Disadvantaged South African companies (with shareholding, management and control by people with disabilities) over a three-year to five-year time frame in terms of capital goods, consumables and service and to what extent has the commitment been implemented?

3. Ownership and joint ventures Has the mining company achieved HDSA participation in terms of ownership for equity or attributable units of production of 15% HDSA hands within five years and 26% in 10 years? And how many of these companies had shareholding, management and control by people with disabilities?

4. Employment equity

a) Has the company published its employment equity plan and reported on its annual progress in meeting that plan?

b) Has the company established a plan to achieve a target for HDSA participation in management of 40% within five years and is it implementing the plan?

c) Has the company identified a talent pool inclusive of people with disabilities and is this being fast tracked?

d) Has the company established a plan to achieve the target for the participation of women including women with disabilities in mining of 10% within five years and is it implementing the plan?

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5. Reporting

i. Mining Charter Compliance (a report on how the BEE was achieved)

ii. Has the company reported on an annual basis its progress towards achieving its commitments in its annual report?

SECTION G: ASSESSMENT OF STAFF WITH DISABILITIES ON THE SITE


1.

2.

3.

4.

5.

6.

7.

Assessment Issues

Employment Support Scheme

Awareness training programmes for general staff

Training and professional opportunities

HR Strategy (identify, recruit, develop, engage and retain)

Accessible Information

Support Systems

Monitoring, evaluation and review systems on HR issues

Ratings

Questions (for people with disabilities)

1. What is your position and how much do you earn? ………………………………………………………………………………….......………………2. What are your career plans within the company? ……………………………………………………………………………………………………… ………………………………………………………………………………………..............…… 3. What are your challenges that impact on your performance? ……………………………………………………………………………………………………… ………………………………………………………………………….......................................4. What difficulties do you experience or have in your work environment? ………………………………………………………………………………………………………5. How do you communicate with your management and how do they communicate to you? Nhlanhla please explain. This is about access to management and the extent to which people with disabilities can influence or raise awareness about their issues, and whether there are legitimate systems in place within the company through which disability issues are addressed. …………………………………………………………………………………… …………………………………………………………………………………….................…….6. What support systems are available for your challenges? ……………………………………………………………………………………………………… ………………………………………………………………...................................…………….7. What skills, development and training opportunities do you have? ……………………………………………………………………………………………………… ……………………………………………………………………...................................……….

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1.

2.

3.

4.

5.

Assessment Issues

Get in, move around, leave

Obtain goods, use services and facilities

How people who provide services communicate.

Signage / Alerts

Info systems (sign language)

Ratings

SECTION I: INCLUSION IN PLANNING AND REPORTING

1. Are people with disabilities and disability included in your strategic and business planning processes? If yes, please provide details of inclusion and specify company documents that include disability.

If no to the above question, how best can disability be included in planning and strategy documents?

2. Is disability included in reporting processes? If yes, please provide details and a sample of the reports.

If no, could disability be included in future? In which reports?

SECTION J: CORPORATE SOCIAL RESPONSIBILITY (CSR)

a) What corporate social responsibility programmes (CSR) does your company/mine have?

b) Do these CSR target people with disabilities as beneficiaries? If yes, in what way? Give details in bullets.

c) If not, are there plans to include people with disabilities in CSR?

d) What happens when miners are injured or disabled on duty?

e) Are there outreach/rehabilitation programmes for disabled miners?

f) What specific components are covered by such outreach/rehabilitation programmes? Do they cover (tick all relevant):

SECTION H: ASSESSMENT ON DISABILITY ACCESS ISSUES

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1. Learning of new skills? If so, give examples.

2. Comprehensive and holistic community-based rehabilitation services? Give examples

3. Counselling services? Give examples

4. Beneficiation strategies? Give examples

5. Water and Sanitation facilities adapted to disability? Give examples

6. Involvement of Disabled People’s Organisations?

SECTION K: TESTING MYTHS WITH SLOGANS IN THE MINING SECTOR

1. Your attitude may be causing disabilities. Disability is not contagious, but your attitude might be. Myth: People with disabilities live very different lives than people without disabilities

Response:

Fact: Overall, people with disabilities live the same way people without disabilities live – They go to school, get married, work, have families, do laundry, grocery shop, laugh, cry, pay taxes, get angry, have prejudices, vote, plan and dream like everyone else.

2. Learning Disabilities does not mean that you’re slow. You just learn differently. Myth: People earning Disabilities have low intelligence or are slow learners and therefore cannot fit in the Mining and Mineral Sector

Response:

Fact: Students with Learning Disabilities have at least average to high average intelligence and many are gifted. Many people with LD are successful: singers Tony Bennett and Jewel, actors Patrick Dempsey and Whoopi Goldberg, Kinko’s founder -Paul Orfalea, and author Avi to name a few.

3. Ignorance is not a disability. Don’t block ramps and sidewalks! Myth: It is all right for people without disabilities to park in accessible parking spaces, if only for a few minutes.

Response:

Fact: Because accessible parking spaces are designed and situated to meet the needs of people who have disabilities, these spaces should only be used by people who need them.

4. Can you read this sign? A person who’s blind can’t. Think about how you disable others. Myth: Blind people have exceptional hearing.

Response:

Fact: A person’s vision, or lack of vision, does not affect their hearing. However, someone who is blind may depend more on their hearing and be more attuned to sounds than a sighted counterpart

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5. If you want to help a person with disability, invite them to a party. Myth: People with disabilities are more comfortable with “their own kind.”

Response:

Fact: In the past, grouping people with disabilities in separate schools and institutions reinforced this misconception. Today, many people with disabilities take advantage of new opportunities to join mainstream society.

6. Don’t judge people with disabilities until you’ve rolled a mile in their chair. Wheelchairs don’t confine they liberate. Myth: Wheelchair use is confining; people who use wheelchairs are “wheelchair-bound.”

Response:

Fact: A wheelchair, like a bicycle or an automobile, is a personal assistive device that enables someone to get around.

7. Find out what a person with an intellectual disability can teach you. Myth: Curious children should never ask people about their disabilities.

Response:

Fact: Many children have a natural, uninhibited curiosity and may ask questions that some adults consider embarrassing. But scolding curious children may make them think having a disability is “wrong” or “bad.” Many people with disabilities won’t mind answering a child’s question.

8. Do you include people with disabilities in your life? Are you against discrimination? Myth: There is nothing one person can do to help eliminate the barriers confronting people with disabilities.

Response:

Fact: Everyone can contribute to change. One way you can help remove barriers is by encouraging participation of people with disabilities in community activities by using accessible meeting and event sites.

9. How you treat people with disabilities says a lot about you. Are you conscious of your actions? Myth: People with disabilities always need help.

Response:

Fact: Many people with disabilities are independent and capable of giving help. If you would like to help someone with a disability, ask if he or she needs it before you act.

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10. If you don’t know a person with a disability, you don’t know what you’re missing. Myth: People with disabilities are unable to meet performance standards, thus making them a bad employment risk.

Response:

Fact: In 1990, DuPont conducted a survey of 811 employees with disabilities and found 90% rated average or better in job performance compared to 95% for employees without disabilities.

11. Just because you talk a lot doesn’t mean you’re smart; just because you don’t talk doesn’t mean you’re stupid. Myth: People with disabilities are usually very sedate and unable to participate in recreational activities.

Response:

Fact: People with disabilities lead diverse lives and take part in any sport or hobby you can think of including: mountain climbing, kayaking, dancing, horseback riding, scuba diving, racing, skiing, and skydiving.

SECTION L: MINING HOUSES VISITED DURING THE RESEARCH FOR THE DEVELOPMENT OF THE DISABILITY TOOLKIT FOR THE MQA: 2010/2011

Name of Organisation

Burjins Consulting

Impala Platinum Limited

Life & analytical Sciences

KROSA (PTY) LTD

Driefontein Gold Mine

African Rainbow Minerals

TROLEX SA (PTY) LTD

ESR Offshore Mining

Western Cape

North west

Gauteng

Gauteng

Gauteng

Gauteng

Gauteng

Western Cape

Province

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We are NOT

people withallocate proper

asexual beings,

signage fordisabilities

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REFERENCES

No access - not funny!

ANNEXURE 3

Articles

• Australian Disability Clearinghouse on Education and Training - Practitioner Information• Bill Albert – Is disability really on the development agenda?• Brown, S. E. (1995). Disability culture/rights/pride paradigm. Las Cruces, NM: Institute on Disability Culture. • CAST - Universal Design for Learning • Gilson, S. F., & Depoy, E. (2000). Multiculturalism and disability: A critical perspective. Disability & Society, 15(2), 207-218. • Haddayr Copley-Woods and Independence First, the resource for persons with disabilities• JISC Legal information - Accessibility Law• JMU - Human Resources - Disability Resources Committee• Management of Incapacity Due To Ill Health - by Xolani Matyolo, Perrott, Van Niekerk & Woodhouse Inc. • Mining Qualifications Authority (MQA) - Sector Skills Plan 16 February 2011• Ontario Health Promotion E-Bulletin, OHPE Bulletin 319, Volume 2003, No. 319• Ontario Ministry of Municipal Affairs and Housing - Planning for Barrier Free Municipalities• Physiologist for Social responsibility – disability issues• Rebecca Yeo - Disability, poverty and the new development agenda • Smith, Austin, Kennedy, Lee and Hutchison, (2005). Inclusive and special recreation: Opportunities for persons with disabilities (5th ed.). Boston: McGraw Hill. p. 81• Solidarity Legal Services - Number of mine injuries decrease, but fatalities increase with more than 20% – Solidarity • The Seven Principles of Universal Design - By Scott Rains (The Rolling Rains Report)• Universal Design in Legislation: Eliminating Barriers for Persons with disabilities – by M. Lepofsky and R.N.M. Graham• Universal Design of Instruction – by Sheryl Burgstahler, Ph.D.• USDA – Reasonable Accommodation and Accessibility for Persons with Disability – FSIS Directive 4306.2

Legislation

• Americans with Disabilities Act (ADA)• Department of Labour - The Technical Assistance Guidelines on the Employment of Persons with disabilities(TAG)• EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act • EEOU – Employment guidance - by Thomas C. Weiss Published: 2010-01-15• Florida Legal Services, Inc. (FLS)• ILO Convention 159• Income Tax Act of South Africa• Occupational Health and Safety Systems• Statistics South Africa census 2001• The Basic Conditions of Employment Amendment Act of South Africa• The Broad Based Black Economic Empowerment (BBBEE) Charter incorporating the Mining Charters• The Code of Good Practice on the Employment of Persons with disabilities - South Africa• The Constitution of the Bill of Rights • The Department of Labour’s collective report on the implementation of the NSDS for 2008/09• The EIDD Stockholm Declaration 2004• The Employment Equity Act (EEA) of South Africa• The Environmental Conservation Act of South Africa

References

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• The Income Tax Act of South Africa• The Labour Relations Act (LRA) • The Mine Health and Safety Act (MHSA)• The Minerals Act of South Africa• The Minerals and Petroleum Resources Development Act 28 of 2002 (MPRD) of South Africa• The Mining Charter of South Africa• The National Building Regulations (NBR) of South Africa• The National Environmental Management Act (NEMA) of South Africa• The National Skills Development Strategy (NSDS) of South Africa• The National Water Act of South Africa• The Preferential Procurement Policy Framework Act (PPPF) of South Africa• The Promotion of Access to Information Act of South Africa • The Promotion of Equality and the Prevention of Unfair Discrimination Act of South Africa• The Public Service Commission Report of 2007• The Sector Skills Plan (SSP) of South Africa• The Skills Development Act (SDA) of South Africa• The South African Bureau of Standards (SABS) Code of Practice • The Technical Assistance Guidelines• UN - Monitoring the Convention on the Rights of Persons with Disabilities, Professional training series No. 17• UN Convention on the Rights of Persons with Disabilities

Quotes

• Controversial Speech by British Activist: Have Disability Rights Gone Too Far - Colin Low, Chairman, UK Royal National Institute for the Blind (RNIB) • Sir Winston Churchill, Speech at Harvard University, September 6, 1943 British politician (1874 - 1965) ‘The empires of the future are the empires of the mind’. • Stephen Hawking - “It is a waste of time to be angry about my disability. One has to get on with life and I haven’t done badly. People won’t have time for you if you are always angry or complaining.”

Websites

• Answers.com - Accessibility; Assistive-technology • Communi Gate - Kidderminster Shop Mobility • Disability Photo.com • Disabled People South Africa• Health jockey – New form of intellectual disability and gene discovered• Job Accommodation Network (JAN)• JobAccess - Easy English words• Universal Designers and Consultants (UDC)• Wikipedia - Universal design• Work life center – disability services

AcknowledgementsThe MQA would like to thank all the mining companies that participated in the research that contributed to the development of the MQA Disability and Reasonable Accommodation Toolkit.

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Mining Qualifications Authority4th Floor Union Corporation Building

74 – 78 Marshall StreetMarshalltown Johannesburg

Private Bag x118Marshalltown 2107

Telephone: 011 630 3500Facsimile: 011 832 1027Email: [email protected]

Website: www.mqa.org.za

Published ByThe Customer Service and Communication Unit

mining qualifications authority - mqa(mqa) conducted a study aimed at developing a disability and...

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