OCCUPATIONAL SHE AGREEMENT (In terms of Sections 26(1) 26(2) and 33(1) of the Mine Health and Safety Act.) ENTERED INTO BETWEEN KUMBA IRON ORE SISHEN MINE (Hereinafter referred to as SISHEN MINE) AND National Union of Mineworkers (hereinafter referred to as NUM) Solidarity (hereinafter referred to as Solidarity) Association of Mine Workers and Construction Union (hereinafter referred to as AMCU) Building Allied Mining and Construction Workers Union (BAMCWU) (Hereinafter referred to as the Trade unions) (All the above hereinafter referred to as the PARTIES).Preamble Objectives Definitions Eligibility, Elections and Appointments of SHE representatives Eligibility Nomination and Election process of SHE representatives Appointment of SHE representatives Termination of appointment as a SHE representatives Termination as a SHE representative Training of SHE representatives Rights and powers of SHE representatives Procedure for transfer and promotion Alternate SHE representatives Inspections and Logbooks Designation of work areas Number of full tine SHE representatives Remuneration of full time SHE representatives Functions of full time SHE representatives Establishment of SHE Committees Disclosure of information Rights to leave dangerous working areas Dispute procedure Withdrawal from agreements General provisions ‘Appendix 14, PREAMBLE The PARTIES to this Agreement recognise their mutual interest and responsibility in the health and safety of all employees of SISHEN MINE as well as contractors and visitors to SISHEN MINE and the PARTIES shall actively participate in a continuous programme to address health and safety hazards SISHEN MINE has responsibilities and accountabilities for the health and safety of all employees. Although certain functions and duties shall be carried out by employees, this does not relieve SISHEN MINE of its responsibility and accountability in the area. The PARTIES concemed are required to work within the framework of the Mine Health and Safety Act, No 29 of 1996 (herein after referred to as the Act) and applicable and relevant environmental legislation and also adhere to SHE standards and rules in operation at SISHEN MINE, The PARTIES shall co-operate with each other in making every employee aware of his\her duties and rights under the Mine Health and Safety Act, No 29 of 1996 and applicable and relevant environmental legislation and this agreement. The PARTIES are committed to a safe and healthy environment, SISHEN MINE will conduct appropriate and reasonable tests and measurements in this regard. SISHEN MINE will comply with the existing relevant South African legislation in this regard Information regarding environmental issues will be communicated to the SHE COMMITTEES \ SHE REPRESENTATIVES, OBjao Le Page2of38 / (¢2. OBJECTIVES The objective of this Agreement is to give effect to the Act by providing for employee participation in matters of health and safety at SISHEN MINE. To this end the Agreement creates this institutions and procedures for active and informed employee participation on health and safety: To improve and facilitate co-operation and consultation/negotiation between the employer and employees on health and safety; To build a culture of health and safety at SISHEN MINE/ the work area; To identify hazards and eliminate, control and minimise all health and safety risks through a programme of risk management; To adopt and implement best practises in health and safety standards; To resolve disputes regarding health and safety; To develop, implement and monitor a health and safety system at SISHEN MINE/ the work area. Bye Page 3 of 383. DEFINITIONS Notwithstanding the meaning given to these in the Act, for the purposes of this ‘Agreement, they shall mean the following: "EMPLOYEE" shall mean any person who is employed or working at SISHEN MINE inclusive of contractors. “EMPLOYER shall mean the owner, the General Manager of SISHEN Mine, or any other persons duly appointed by the General Manager or the relevant 3.1 (a) Manager of the area. “HAZARD” means a source or exposure to danger that could affect the health and safety of an employee. “AREA OF RESPONSIBILITY" or “DESIGNATED WORKING AREA" shall mean the particular demarcated AREA at SISHEN MINE for which a SHE REPRESENTATIVE is elected and appointed "SECTIONAL SHE REPRESENTATIVE” shall mean a sectional HEALTH, SAFETY AND ENVIRONMENTAL REPRESENTATIVE, as elected and appointed in terms of this Agreement and the Act. This means that this person is still performing his normal duties as per his contract of employment and will be allowed to perform duties related to the safety representative as and when required. “FULL-TIME SHE REPRESENTATIVE” shall mean a Fulltime Health, Safety and Environmental Representative and appointed in a full-time capacity in terms of this ‘Agreement and the Mine Health and Safety Act, No 29 of 1996 and applicable and relevant environmental legislation. He also has the jurisdiction to access the workplaces and sites of contractors within his area of appointment, with regard to Health and Safety matters, “ALTERNATE SECTIONAL SHE REPRESENTATIVE” shall mean the person elected and appointed to perform the duties of the Sectional SHE Representative when he is not at work. Be WO Page 4 of 38“INSPECTOR? shall mean an Officer appointed in terms of Section 49, paragraph 1, sub-section C of the MHSA 29 of 1996 and includes any Principal Inspector or Medical Inspector or any other person appointed by any other State Authority. Reference to SHE shall mean Occupational Health, Hygiene Safety and Environment. Reference to the singular shall include reference to the plural and vice versa. Reference to one gender shall include reference to the opposite gender. The "ACT” shall mean the Mine Health and Safety Act, No 29 of 1996 and applicable and relevant environmental legislation. TRADE UNIONS shall mean one or more of the following trade unions for as long as these trade unions are representative Trade Unions: * National Union of Mineworkers (hereinafter referred to as NUM) * Solidarity (hereinafter referred to as Solidarity) * AMCU By definition PARTIES will have the following meaning: © National Union of Mineworkers (hereinafter referred to as NUM) * Solidarity (hereinafter referred to as Solidarity) * aAMCcU © KUMBA IRON ORE, SISHEN MINE “REPRESENTATIVE TRADE UNION" means any Trade Union as per the Labour Relations Act No 66 of 1995. “SHE FORUM 1” means the overall Mine's SHE Committee consisting of employee representatives and management representatives representing all departments at Sishen Mine. SHE Committee refers to all SHE Departmental sub-committees and SHE Forum 1 Bfpao WE“HEALTH AND SAFETY STANDARD” shall mean any standard irrespective of whether it has the force of law, if signed off by the relevant Manager, which if applied for the purpose of this Act, will in the opinion of the Minister, promote the objective of the MH&S Act and will improve H&S in the working areas. “RISK” shall mean the likelihood of an occupational injury or disease may occur to a person, LIGIBILITY, ELECTION AND APPOINTMENT OF SHE E AND APPOINTMENTOFSHE REPRESENTATIVES ELIGIBILITY All employees eligible for election as a Sectional SHE REPRESENTATIVE shall comply with all the following degrees of competence: i, Be employed in a fulltime capacity in the designated working area; Be acquainted with conditions and activities at the designated working area; Such employee shall be able to speak, read and write English and any one of the following official languages: Afrikaans IsiNdebele IsiXhosa IsiZulu Sepedi Sesotho Setswana ‘siSwati ‘Tshivenda Tsonga Page 6 of 38A Sectional SHE Representative is entitled to be elected for more than one term of office within his section. To be elected as a Full-time SHE Representative, the employee must be a fulltime employee of SISHEN Mine and be able to speak, read and write English. The Full-Time ‘SHE Representative may be elected for more than one term of office. NOMINATION AND ELECTION PROCESS OF SHE REPRESENTATIVES NOMINATION AND ELECTION PROCESS OF SECTIONAL AND ALTERNATE SHE REPRESENTATIVES When a vacancy arises for a Sectional or Alternate SHE Representative as per the agreed designated working areas (Appendix 1) of this Agreement, the Full Time SHE Representative shall be notified. The Full-Time SHE Representative will meet with the respective team and request for nominations using the nomination form provided for the purpose. The nominated employees will sign acceptance of the nomination on the said form, where after the Full-Time SHE Representative will facilitate the voting process, If only one candidate is nominated for election as Sectional SHE Representative at a designated working area, the Full-Time SHE Representative must declare the candidate elected. If two or more candidates are nominated for election as a Sectional SHE Representative at a designated working area, the Full-Time SHE Representative must hold an election. The election is only valid if 50% or more of the employees in the designated working area vote in the election. Every employee at a designated working area has one vote in the election of every Sectional SHE Representative for that designated area and designated working area.vi. The Full-Time SHE Representative must immediately announce the results of the count in the presence of the employees concerned. vi, Records of the election process shall be kept at the Safety department. 4.2.2. SECTIONAL SHE REPRESENTATIVE APPOINTMENTS FOR CONTRACTORS ‘A contractor conducting work at SISHEN MINE for periods longer than 6(Six) months shall arrange for the appointment and training of an employee as a SHE REPRESENTATIVE for the duration of the contract and it shall be done according to the process prescribed in this Agreement under section 4.2.1 A contractor who works for periods shorter than 6(six) months will fall under the jurisdiction of the applicable supervisor and SHE COMMITTEE in whose area the contractor is operating 4.2.3 NOMINATION AND ELECTION OF FULL-TIME SHE REPRESENTATIVES 4.2.3.1.1 Establishment of Election Committee The SHE Manager in consultation with the Parties must establish an election committee. The election committee: 1. must include an appropriate number of employee representatives; and 2. must include a number of management representatives, The management representatives’ number must be equal to or less than the number of employee representatives. The employee representatives on the election committee must be selected by the parties of this Agreement.Duties of the Election Committee The election committee must: a) determine if nomination and election procedures for Full-Time SHE Representatives as stipulated in this Agreement has been adhered to and were done in a fair manner, appoint an election officer and counting officers for each election for Full Time SHE Representatives - These election officers and counting officers shall be members of the respective Union; ensure due consideration of operational requirements during the election process. The committee members will be regarded on duty whilst executing their duties. 4233 Nomination of Full-time SHE Representatives Nominations will be done at mass meetings of the respective union in which a vacancy has arisen. i. Every candidate for election as Full-Time SHE Representative must be Nominated for election by the members of this respective union. EMPLOYEES will be entitled to nominate persons eligible in terms of section 4.1 above for the election process prescribed below: (a) Only permanent employees of SISHEN MINE should be eligible for nomination. (b) All nominations will be done in writing on the nomination form to be provided by the Election Committee and be undersigned by the nominee and the employee accepting the nomination The results of the nomination process to be provided to the Election Committee for verification and only after that the announcements shall be made. The nomination period will commence from a date announced by the Election Committee and shall not exceed 14(FOURTEEN) calendar daysin duration, where-after no nominations will be accepted. The nomination period may however be extended in the sole discretion of the Election Committee. Election of Full-Time SHE Representatives (a) the election of nominated candidates will commence no sooner than 7 (SEVEN) calendar days, but within a reasonable time after completion of the nomination procedure; and (b) the election period will not exceed 14(Fourteen) calendar days in duration, but the Election Committee has the power to prolong this period in their own discretion, and with due consideration to operational requirements (c) the election will be performed by secret ballot; and (d) SISHEN MINE will provide ballot boxes and ballot papers at all the access gate entrances at the mine; and (e) the election process will be performed during working hours, but will not disrupt the production process; and (f) Only employees who are members of the respective unions that are party to this Agreement and in which union the vacancy has arisen may form part of the election process. If the number of candidates nominated for election as Full-Time SHE Representatives at a mine is: Not more than the number that must be elected, the candidate will be declared as elected after the election committee has reviewed the nominations; or more than the number that must be elected, an election must be held in accordance with this Agreement. if a nominee received 80% of the nominations, will be declared as elected after dR [er Page 10 of 38 | °the election committee has reviewed the nominations and no election process needs to be followed, Every election for a Full-time SHE Representative: i. must be under the control of the election officer; and is only valid if 50% or more of the members of that respective trade union Where the vacancy arose, vote in the election. If less than 50% of the relevant trade union members where there is a vacancy participate in an election, the election officer must after consulting the Election Committee, determine a date, time and place for a subsequent election Every employee in the relevant trade union where there is a vacancy for a Full- time SHE Representative has one vote in the election of every Fulltime SHE Representative. The election officer must unlock the ballot boxes and arrange for the counting officers to meet to count the votes. The counting officers must, under the supervision of the election officer, count all valid votes. A vote is not valid if it is not completed in full, not clear, a person not from that respective trade union in which the vacancy has arisen or more than one vote from a member. The results from the counts must be presented to the election committee within 7(Seven) days from the vote. The election committee wil verify the counts and present their results to the General Manager who shall announce the results of the elections by means of a management notice. 4.3 APPOINTMENT OF SHE REPRESENTATIVES 4.3.1 Upon completion of the election procedure set out in this Agreement, the relevant 3.1(a) legally appointed manager of the area where this SHE Representative willbe performing his duties, will appoint in writing, within 7(seven) days of election the successful candidates; The placement of the elected and current Full-Time SHE Representative will be at the discretion of the SHE Manager in consultation with the unions who are party to this Agreement, considering the candidates expertise and area of responsibility; The term of office for all SHE Representatives (Sectional and Full-Time) will not exceed 36(thirty six) months in duration and the appointee will be eligible for re- election; and Within 3(three) months post the expiry of a SHE Representative's term of office, the new SHE REPRESENTATIVE/S shall be electedire-elected in terms of this Agreement; and Where such appointment is terminated on the grounds set out below in section 5, anew SHE REPRESENTATIVE will be elected in terms of this Agreement, within 3 (three) months; The employer will provide every Sectional SHE Representative with an overall on which the word SHE Representative is embossed at the back of the overall top. The Supervisor of each designated working area shall prominently and conspicuously display the photograph and name of the Full-Time, Sectional and alternate Sectional SHE Representative on the respective designated working area's health and safety notice board at the mine 5, TERMINATION OF APPOINTMENT AS A SHE REPRESENTATIVE 5.1 Termination as a SHE REPRESENTATIVE (Sectional & Fulltime) shall take effect: Upon termination of his employment with SISHEN MINE: Upon transfer or promotion. If the Mine intends to transfer a SHE REPRESENTATIVE, the Mine will give him and the SHE COMMITTEEreasonable (at least 30 calendar days) notice of the intention to do so in order to elect a suitable replacement. During the period of notice the Mine will not implement the transfer on a permanent basis, while due processes are followed; When he resigns as SHE REPRESENTATIVE; When the majority of the employees in the designated working area vote for the removal of the representative; When a SHE committee removes a SHE representative who has failed or is unable to perform the functions of a representative on condition that the SHE committee must give notice to the representative and allow the representative an opportunity to make representations to the respective SHE Committee; IF his term of office, expires; fhe acts in a way that undermines this Agreement, the Act or any health and safety rules in operation at SISHEN MINE, upon reasonable proof of such transgression. If any SHE Representative (Sectional and Fulltime) is found to be incompetent or falls out of favour or become incapacitated or is in breach of company disciplinary codes, the matter will be referred and handled in accordance with company Industrial Relations/Human Resources procedures. 5.2 The cancellation of a Recognition Agreement between SISHEN and a TRADE UNION, shall not absolve a SHE REPRESENTATIVE from his responsibilities hereunder.6. TRAINING OF SHE REPRESENTATIVES 6.1 SISHEN MINE shall provide all elected SHE REPRESENTATIVES and alternates with the following training which training will be compulsory and will be performed during normal working hours. The training shall include the following ‘Sectional (part-time) Fulltime Compulsory |* SHE Representative courses A1.2 Risk First Aid Level 1 | Recommended Basic Management courses Programme (BMP) ‘SHE Representative A1.2 Risk First Aid Level 4 Legal Liabilty (2 days) OHSAS 18001 and 14001 - Audit Training Occupational Health & Hygiene issues © Writing reports [+ SANTRAC Mining or COMSOC 1 | &2 * First Line Management © Blasting awareness training (provided the Full-Time SHE Representative works in a blasting section) The training courses, which are under the heading of compulsory, are compulsory for all SHE REPRESENTATIVES. ‘The FULL-TIME SHE REPRESENTATIVES are entitled to be released from work with full remuneration for S(five) days per annum for training by the TRADE UNION. The cost involved in such training will be borne by the TRADE UNION. The TRADE UNION may however submit a request for further paid days of training to the management of SISHEN MINE. SHE Forum 1 shall from time to time inform the TRADE UNIONS of training courses to be conducted for SHE REPRESENTATIVES.7. RIGHTS AND POWERS OF SHE REPRESENTATIVES (As contained in section 30 of the Act) All SHE REPRESENTATIVES shall: review the effectiveness of health and safety measures, by conducting at least a monthly inspection within his AREA OF RESPONSIBILITY; forward a record of his findings as soon as is reasonably possible, to his immediate superior and his Safety Committee within his AREA OF RESPONSIBILITY; identify potential hazards and potential major incidents in his AREA OF RESPONSIBILITY; in collaboration with his immediate superior examine the causes of incidents in his AREA OF RESPONSIBILITY; investigate complaints by an employee relating to that employee's health or safety in his AREA OF RESPONSIBILITY, and report as soon as reasonably possible (in writing) to his immediate superior on any such complaints; attend meetings of the SHE Committee of which he is a member, make representations as soon as is reasonably possible to his immediate superior and/or his SHE Committee on inter alia matters arising from 7.1.1 to 7.1.6 above or where such representations are unsuccessful, to the Management of SISHEN MINE; represent employees on all aspects of health and safety; inspect any relevant document which must be kept in terms of this Act; ASHE REPRESENTATIVE shall be entitled, subject to section 11 below, to the following in respect of his AREA OF RESPONSIBILITY: yO LES \visit the site of an incident/accident and attend any inspections; attend any investigations/inspections/audit or formal inquiry held in terms of the ACT; accompany any INSPECTOR or receive information from an INSPECTOR; In so far as is necessary to perform his functions, inspect such relevant documentation which SISHEN MINE is required to keep in terms of the ACT, provided that reasonable notice is given to SISHEN MINE for such inspection; In the event of an incident/accident within his AREA OF RESPONSIBILITY, the SHE REPRESENTATIVE shall be entitled to request the assistance of a technical advisor, subject to: ‘The cause of the incident/accident being reasonably unknown; Prior notice of no less than 24 hours being made to the immediate superior in his AREA OF RESPONSIBILITY in writing of such intention to invite a technical advisor; The approval of SHE Forum 1, which approval may not be unreasonably withheld. SISHEN MINE shall provide such facilities and assistance as a SHE REPRESENTATIVE may reasonably require for the carrying out of his functions and rights; In the execution of all their functions and rights under this Agreement and the ACT, all SHE REPRESENTATIVES shall be accountable to their direct supervisors for the time spent for such purpose. Direct any employee to leave any working area whenever circumstances arise at that working area which, with reasonable justification, appears to the SHE REPRESENTATIVE to pose a serious danger to the health and safety of that employee;Request via SHE Forum 1- an INSPECTOR to conduct an investigation in terms of section 60; or the Chief Inspector to conduct an inquiry in terms of section 65; Perform any other functions as defined by the SHE COMMITTEE in his AREA OF RESPONSIBILITY. 8. PROCEDURE FOR TRANSFER OR PROMOTION If the mine intends to transfer or promote a Sectional-, Alternate Sectional-, Full Time SHE Representative in circumstances which will result in the representative leaving office — (a) the Supervisor must give the chairman of the relevant SHE Committee 30(thiry) calendar days’ notice of the intention to do so, (b) _ if the SHE representative is in disagreement with the transfer or promotion, he may request the SHE Committee to seek to resolve the issue. If the SHE representative elects to refer the matter to the SHE Committee, the mine must not implement the transfer or promotion until the committee has resolved the issue. Issue to be resolved within 30(thirty) days of notice of the transfer or promotion. Ifthe matter is not resolved within 30(thirty) days, the party not satisfied may refer the matter to an appropriate third party for an intervention in order to resolve it9. ALTERNATE SHE REPRESENTATIVES The Alternate Sectional SHE REPRESENTATIVE shall assume the duties, powers, responsibilities and rights of a Sectional SHE REPRESENTATIVE if the Sectional SHE REPRESENTATIVE is absent. To allow for exposure to the Alternate Sectional SHE REPRESENTATIVE activities the legally appointed 3.1(a) Manager shall allow where possible, for alternate Sectional SHE REPRESENTATIVE to form part of audits, investigations, visible felt leadership, walk-about and Sectional SHE REPRESENTATIVE and Safety Officer Inspections. The Altemate Sectional SHE REPRESENTATIVE shall, when performing the duties of the Part-Time SHE REPRESENTATIVE adhere to the provisions of this ‘Agreement. In the event that the Full-time SHE REPRESENTATIVE is not at work due to annual leave, sick leave or training for a period exceeding 7 (seven) calendar days, he must inform his respective Union as soon as he has made the decision or becomes aware of it, but at least 14 (fourteen) days prior to his absence, The Union will provide a suitable replacement within 14 (fourteen) calendar days from the date the Union is made aware of the requirement. Should the Union fail to find a suitable replacement within 14 (fourteen) calendar days, the Full-Time SHE REPRESENTATIVE wil stil proceed with his leave and the specific area will be unrepresented for the period of the Full-Time SHE REPRESENTATIVE's leave. It shall be at the discretion of the respective Union Branch Committee's decision, with due regard to safety, health and environment, provided that the candidate meets the following requirements: 9.4.1 _ Isin possession of a valid DB and RP (Red-permit) 94,2 Is familiar with the area where he will relieve as Full-Time SHE REPRESENTATIVE 9.4.3 Has already undergone the SHE REPRESENTATIVE training The Union shall inform the IR Manager who will inform the ‘Cine (Shpee We t10.4 10.2 10.3 10.4 105 INSPECTIONS AND LOGBOOKS (A SHE REPRESENTATIVE must inspect his/her designated working area ~ (a) monthly; or (b) more regularly, if directed to do so by the SHE Committee Every SHE REPRESENTATIVE shall record his monthly inspection findings on the Safety Officer and SHE REPRESENTATIVE Inspection Logbook provided for that purpose, Every SHE REPRESENTATIVE shall use the hazard identification book provided to record ad-hoc observations and findings. Every SHE REPRESENTATIVE shall discuss his findings/observations and obtain appropriate action and appropriate corrective action with the responsible person and obtain the signature of the responsible person. The SHE REPRESENTATIVE will tear out the blue copy of the SHE Inspection logbook and file in his SHEQ. file The SHE REPRESENTATIVE shall submit the yellow copy of the inspection logbook findings and hazard identification slip to the Safety Department in a place provided for it at the Safety Department as soon as reasonably practicable for submission to the Chief Safety Officer, after which it will be captured and tracked on the Enablon system. DESIGNATION OF WORK AREAS 14.1 In terms of section 27 of the Act, the General Manager must designate working areas at the mine in accordance with this Agreement. Appendix 1 to this Agreement sets ‘out working areas agreed on for the purpose of the election of SHE REPRESENTATIVE in accordance with the criteria set out in section 27(2) of the Act. 44.2. The agreed designation of these working areas must ensure that: (a) every working area at the mine is designated; (0) no Sectional SHE REPRESENTATIVE is respopsible.for more than_100 Fkemployees; and no Sectional SHE REPRESENTATIVE js responsible for more than 50 employees, if the representatives’ designated working area includes separate working areas, 11.3. The number of designated working area and Sectional SHE REPRESENTATIVE per designated working area as well as the number of Full-Time SHE REPRESENTATIVE may be amended from time to time by the Agreement at hand. 412. NUMBER OF FULL-TIME SHE REPRESENTATIVES The election of Full Time SHE Representative will take place in terms of the relevant Union's Constitution ‘Any Trade Union (TU) which acquires membership representation of (5%) of all employees of a Business Unit will be entitled to a Full-Time SHE Representative. 12.1 Additional Full-Time SHE Representatives Additional Full-Time SHE Representatives shall be allocated to a Trade Union at Sishen Mine as illustrated below: NAME OF NUMBER OF NUMBER OF FULL- TRADE UNION | MEMBERS IN A TIME SHE BUSINESS UNIT REPRESENTATIVES 1000 - 1500 1501 - 2000 2004 - 2500 2507 - 3000 3001 - 3500 3601 - 4000 4001 - 4500 ‘4501 - 5000 “This only applies fo fulltime employees of Sishen Mine Trade Union X The appointment letters of all Full-Time representative who are currently in office on signing of this Agreement will be cancelled and should their respective Union decide to nominate them again for appointment in termsof the newly signed Agreement, will receive new appointments in line with the Section 12 of this Agreement. Should a Union lose membership in terms of the threshold under section 12 above, that may jeopardise its Full-Time appointee numbers, they will be notified to start the process of finding alternative placement for their member and will have 3(three) months to ensure they sustain their current status and Full-Time Representative numbers, Should they not succeed in doing so, that Union will have to relinquish such number of Full-Time positions related to Section 12 above, in consultation with the SHE Manager. In the event that there is more than 1 SHE rpe the Union will decide who needs to step down Should a union gain membership the numbers of Full-Times will increase as per Section 12 above. Under this new Agreement a decision was made to cap the number of Full-Time 6 to ten(10) 13. REMUNERATION OF FULL-TIME SHE REPRESENTATIVES 13.1 In accordance with section 31(1) of the Act, the General Manager must pay every Full-Time SHE REPRESENTATIVE appropriate remuneration. The grading of the FullTime SHE REPRESENTATIVE shall be determined by the Job Grading in consultation with the Union. The grading of a Full Time SHE rep will be an Ad grading 13.2. In accordance with section 31(5) of the Act, the Full-time SHE REPRESENTATIVE, is. entitled, on completion of a term of office, to — (2) Employment in the same position that the representative held immediately before appointment; or (b) — Employment in a position at least as favourable as the position held immediately before being appointed; Remain on at least the same benefits as received during his term of office as Full-Time SHE REPRESENTATIVE by the end of his /her termThe mine must take all reasonable steps to provide appropriate employment for any employee who, during a term of office as a Fulltime SHE Representative, has acquired skills that qualify the employee to occupy a position more favourable than the position held immediately before appointment. If no agreement can be reached between the mine and the employee on appropriate employment in terms of section, the mine or the employee may refer the matter to SHE Forum 1 If no agreement is reached by the SHE Forum 1, the mine or the employee may refer the dispute to conciliation, and if necessary, arbitration in terms of the Mine Health and Safety Act 414, FUNCTIONS OF FULL-TIME SHE REPRESENTATIVES 14.41 a) b) A FULL-TIME SHE REPRESENTATIVE will report to the legally appointed Chief Safety Officer of the area in which he is appointed regarding: ‘Attendance and whereabouts at work and approval of absence from work; Any of the FULL-TIME SHE REPRESENTATIVE obligations at SISHEN MINE in terms of the conditions of service; Administration and logistical arrangements regarding the monitoring of this Agreement; Any other matters relevant to his release. A FULL-TIME SHE REPRESENTATIVE will have the same rights and power as a Sectional SHE REPRESENTATIVES as stipulated in section 7 of this agreement. In addition, a FULL-TIME SHE REPRESENTATIVE - a) Must conduct inspections in his area of responsibility and record it in the Safety Officer and SHE REPRESENTATIVE inspection logbook inaccordance with the schedule agreed to by the legally appointed Chief Safety Officer of the area and the Full-Time SHE REPRESENTATIVE. Must conduct Sectional and alternate Sectional SHE REPRESENTATIVE elections as described in this agreement. Must advise and assist Sectional SHE REPRESENTATIVES to perform their functions; Must participate in the informal coaching and training of SHE REPRESENTATIVES; Must report on the performance of his functions to the SHE COMMITTEES within his area of responsibility as well as SHE Forum 1 Must liaise with mine management concerning health, safety and environment within his area of responsibility; Must attend the monthly Sectional SHE Committee Meetings in his area of responsibility as well as SHE Forum 1 Must hold monthly meetings with the Sectional. SHE REPRESENTATIVE in consultation with the relevant Safety Officer in his area of responsibility at least once a month; May perform any other function agreed upon by the relevant SHE COMMITTEE in his area of responsibility as well as SHE Forum 1; The Full-Time SHE REPRESENTATIVES may Issue Internal Section 54's as per the Mines Processes.15. ESTABLISHMENT OF SHE COMMITTEES All SHE REPRESENTATIVES be it either Full-Time or Sectional/Alternate SHE REPRESENTATIVE in terms of this Agreement will be allocated membership of a SHE Committee, which Committee shall Convene no less than once per month unless otherwise agreed, and; Operate within the parameters of the rules and regulations determined by SHE FORUM 1; and At the first meeting the employee and management representatives on a SHE COMMITTEE must each elect a chairperson from their number unless otherwise agreed by the Committee, the 2(two) Chairpersons must alternate as the presiding Chairperson of the Committee. (Refer to Section 34 (3)) The Chairperson from Management must be the most senior line manager of that section and the Chairperson from the Employee Representatives should preferably be the Full-Time SHE REPRESENTATIVE of that section. Consist of the applicable SHE REPRESENTATIVES and members of SISHEN MINE Management, the latter members will in number not exceed the number of SHE REPRESENTATIVE members, as well as such Advisory members as the Committee may deem fit to invite from time to time. The Management elected Chairman shall make arrangements for written minutes of every meeting convened, which must be distributed to the committee members, 7(seven) days prior to the meeting, A SHE COMMITTEE has all the rights and powers referred to in section 36 of the Act, ASHE COMMITTEE shall engage and consult on issues such as:The establishment and review of the mine health and safety policy (Section 8 of the Act) The preparation, implementation or revision of a code of practice on any matter regarding health and safety (Section 9 of the Act); The intervals applicable to training of employees on health and safety (Section 10 of the Act); ‘The determination of measure to eliminate, control and minimise risk (Section 11 of the Act); Accident investigation reports submitted to the committee in terms of Section 11(5)(e) of the Act; Annual medical surveillance reports and statistics submitted to the Committee in terms of section 16(2)(b) of the Act; Withdrawal from work area incidents; Monthly SHE reports; Any other issues not resolved at a lower level SHE Sub-Committee meetings 45.4 SHE Forum 1 may invite technical advisors to assist the committee in its deliberations and the cost thereof will be borne by SISHEN MINE. 15.5 There are 3 levels of SHE Committees: Level 3 Full-ime SHE Representative | Where the Full-time SHE Meetings Representatives meet with the Sectional SHE Representatives Level 2 ~~ | Sub-Committee Meetings Where elected management and elected employee representatives from Full-time SHE Rep Meetings Page 25 of 38| ‘SHE Forum 1 | Where elected management members and elected employee representatives from Sub- Committee Meetings meet Full-time SHE Representative Meetings: 15.6.1 The Manager of the Section to allow the Full-time to meet with the Sectional SHE REPRESENTATIVE from each shift, including day shift at least once a month, The Manager of the Section to provide a facility where this meeting can take place. The SHE REPRESENTATIVE from this meeting must elect SHE Representatives to attend the monthly Sub-Committee Meeting This meeting to be chaired by the Full-Time SHE REPRESENTATIVE of the respective section and minutes to be kept by the Full-Time SHE REPRESENTATIVE of this meeting, SHE Sub committees at SISHEN MINE: (a) Mining Department - Minimum of 2 sub committees (Mining Operations and Mining Technical Services) Plant - Minimum of 2 sub committees (Plant Operations DMS, Plant Operations Jig) Engineering - Minimum of 3 sub committees (Engineering Support Services, Mining Maintenance, Plant Maintenance) Materials Management - Minimum of 1 sub-committee (Finance, Information Management and Materials Management in one committee) Human resources - Minimum of 1 sub-committee (Human Resources) Administrative Services - Minimum of 2 sub committees (Stay in Business Projects and Administrative, which includes SHE, Business it and Compliance) Page 26 of 3818.7.4 158 15.8.1 Members elected for Sub-Committees must remain the same persons for the duration of their SHE Committee appointment and be allowed to attend the meetings, irrespective if they are on day shift or not. Arrangements should be made by their immediate Supervisors to release them from night shift, if the meeting is the next morning and to pay overtime, if the meeting falls within their period of time off. Chief Safety Officers, SHE REPRESENTATIVES elected Sectional. = SHE REPRESENTATIVES of respective SHE Sub-Committee to make themselves available 3 hours prior to the Sub-Committee SHE Officers, Safety Full-Time and Meeting for a visit to the site, to conduct an inspection. The aforementioned SHE REPRESENTATIVES must bring their logbooks with to record their findings. Team must meet hour before the meeting for the Chief Safety Officer to collate the findings of the visit and present it to the SHE Sub-Committee during the meeting. Level 1 - SHE Forum 1 Meetina: Members of SHE Forum 1 Meeting shall consist of the following members as a minimum:* Please note that this is indicative of the current organization structure and the SHE Forum 1 Meeting will dictate the constitution of the SHE committee. { Employer representation Employee representation General Manager Mining Operations Mine Manager Mining Technical Services Manager Finance Mining Maintenance Manager HR Plant Operations DMS Manager SD Piant Operations JIG Manager Engineering Plant Maintenance Manager Plant ‘Support Services Manager BI NC Projects Hub | Manager SHEQ SHE, BI, SD Manager Supply Chain Finance, IM,Environmental Manager Hygiene Manager | ‘Supply Chain ‘Safety Manager 15.9 15.10 | Full-Time SHE reps 15.8.2 Members elected for Sub-Committees must remain the same persons for the duration of their SHE Committee appointment and be allowed to altend the meetings, irrespective if they are on day shift or not. Arrangements should be made by their immediate Supervisors to release them from night shift, if the meeting is the next morning and to pay overtime, if the meeting falls within their period of time of. For a SHE Sub-Committee meeting or SHE Forum 1 Meeting to continue the committee present must consist of (a) Atleast four employee representatives; and (b) A number of employer representatives equal to or less than the number of employee representatives. Section 36(1) MHSA - Period of Office The period of office of any SHE REPRESENTATIVE or employee representative on a SHE Committee is 3 years, but the SHE Committee may determine shorter periods of office. SHE Committee member appointments Allelected members on SHE Sub-Committees and SHE Forum 1 must be appointed in writing by the relevant legally appointed by for the period of office as agreed to in this Agreement.16.2 16. DISCLOSURE OF INFORMATION Notification The legally appointed 3.1 (a) Manager or his delegates must inform the SHE COMMITTEE and the relevant SHE REPRESENTATIVE in good time of any inspection or investigation which is to be conducted at the mine. ‘Supplying of Information The mine must supply the SHE COMMITTEES and party Trade Unions with all information needed to perform its duties including: a) The Mine's annual report on health and safety compiled in terms of Section 2(1)(c) of the Act, The annual medical report compiled in terms of Section 16 of the Act, Statistics on all reportable accidents and occupational diseases among employees at the mine, Statistics on claims for compensation for occupational injuries and diseases. Private and Confidential Information The Manager or his employer representatives may not disclose any information that is private, personal information relating to an employee, unless the employee consents in writing to the disclosure of such information. The following types of information are classified as private, personal information: ‘An employee's personal medical records; ‘The employee's record of medical surveillance.16.3.3 A Manager or his employer representatives is not required to supply any information: a) That is legally privileged; b) If the disclosure of the information would violate the provision of any law or court order, If it is confidential and, if disclosure, may cause substantial harm to an employee or the owner or an employer. If, despite Section 16.3.3 (c), the Manager or his employer representatives discloses confidential information conceming the mine, the Manager or his employer representatives must ensure that the person to whom the information is provided signs a consent form for the information not to be disclosed publicly or to external parties. Such a consent form is available at the Transformation and Compliance Department. Information disclosed in terms of Section 16, except for private and confidential information, toa SHE REPRESENTATIVE or SHE COMMITTEE may be made available to any technical advisor that is assisting and to employees at the mine, provided the technical advisor signs a consent form that the information will not be disclosed publicly or provided to external parties THE RIGHT TO LEAVE A DANGEROUS WORKING AREA The EMPLOYEE has the right to leave any WORKING AREA whenever: Circumstances arise at the WORKING AREA which, with reasonable justification, appear to the EMPLOYEE to pose a serious danger to the HEALTH AND SAFETY of that EMPLOYEE; or The SHE REPRESENTATIVE responsible for that WORKING AREA directs that EMPLOYEE to leave that WORKING AREA.Where any Employee withdraws as contemplated in section 15.1 the SHE REPRESENTATIVE shall establish the reason of such withdrawal and shall immediately report such withdrawal in accordance with the procedure agreed to in terms of 17.3, to his immediate superior, as well as the FULL-TIME SHE REPRESENTATIVE in whose area of responsibility the withdrawal resides. Procedure to evaluate danger and to determine steps to be taken 17.3.1 The supervisor or a relevant line manager present and the SHE REPRESENTATIVE must meet to evaluate the danger to the health and safety of employees and to determine what steps, if any, should be taken to remove the danger to health and safety. If they do so: The supervisor or the relevant line manager must take the necessary steps to make the working area healthy and safe Once these steps have been taken, the supervisor or the relevant line manager and the SHE REPRESENTATIVE must advise the employees jointly If the SHE REPRESENTATIVE and the supervisor or relevant line manager are unable to resolve the problem: The supervisor or Line Manager present must notify the 3.1 (a) Manager legally appointed for the section of the mine concerned The representative must notify the Full-Time SHE REPRESENTATIVE, Thereafter, a meeting must be held between the Supervisor or line manager of the area, the relevant SHE REPRESENTATIVE as well as the Full-Time SHE REPRESENTATIVE, to seek to resolve the issue that led to the employees leaving the working area,17.3.4 If the agreement is needed on the steps that must be taken to remove the danger, then the legally appointed 3.1 (a) Manager and the FULL-TIME SHE REPRESENTATIVE MUST: Ensure that the necessary steps are taken to make the working area healthy and safe; and b) Jointly advise the employees of the steps that are being taken and if and when it is safe to return. 17.3.5 The following will be applicable for the general exercise of the rights granted by sub-section 17.1 Relevant Supervisors, SHE REPRESENTATIVES and all employees in whose working area the serious danger resides must be notified of a dangerous working area and the Supervisor or line manager of the area, must ensure unauthorised entrance prohibited by proper barricading Any EMPLOYEE who left, or refuse to work in a WORK AREA contemplated in sub-section 17.1 may be assigned to suitable alternative work Any EMPLOYEE who has to perform work or is requested to perform work in a working area contemplated in sub-section 17.1 will be notified by the Supervisor or line manager of the area of the fact that another EMPLOYEE has refused to work there and of the reason for that refusal 17.3.6 Any party to a dispute relating to the right to leave a dangerous working area shall refer the dispute to SHE Forum 1 and a special ‘SHE Forum 1 meeting shall be convened to resolve the issue. 17.3.7 SHE Forum 1 will endeavour to resolve specific health and safety issues that may arise from the exercise of the right referred to in sub- section 17.1. SHE Forum 1 may call in an Inspector or Technicaladvisor to assist in resolving any issue relating to or determining the exercise of the right to withdrawal of labour. The Supervisor or relevant line manager in whose area of responsibility this withdrawal procedure resides, shall complete a Part ‘A form as per Sishen Procedure 001, mark it as a non-conformance and submit it to the offices of the Safety Department in the place provided for it. The PARTIES hereby agree that they will endeavour to settle the dispute within 48 hours in order not to disrupt production unreasonably after which an unresolved dispute will be referred to the Commission for Conciliation, Mediation and Arbitration. 17.3.10 An employee who has withdrawn from a working area in terms of this section is entitled to receive his ordinary remuneration while the steps set out in this section are being taken and until such time that the working area has been declared healthy and safe. Employees who follow the withdrawal procedure as stipulated in this Agreement, will not be dismissed or victimized. 18. DISPUTE PROCEDURE ‘Any PARTY to a dispute relating to the interpretation, validity or application of any section of this Agreement and the Act, which could not be resolved by SHE Forum 1, shall inform the other parties in writing of the item(s) in dispute where- after said item(s) in dispute may be referred to the Commission for Conciliation, Mediation and Arbitration. 19, WITHDRAWAL FROM AGREEMENTS If any Party gives written notice, to the other Parties of its intentions to withdraw from the Agreement, this specific Agreement with that Party shall terminate after 3 (three) months of the date the written notice was given by the concemed Party19.2 Any withdrawal action by any party in terms of 19.1 above, shall in no way influence the validity and contractual relationship of this Agreement between SISHEN MINE and the remaining TRADE UNION PARTIES. 20. GENERAL PROVISIONS This Agreement shall be the whole agreement between the PARTIES and only alterations to the Agreement which are in writing and agreed to by all PARTIES shall have the effect of being incorporated into the Agreement. ‘Any parly who wishes to have the agreement revised will furnish the other parties via the Industrial Relations Manager with a copy of the proposed revision, All PARTIES choose as domicilium citandiet executandi the registered address of SISHEN MINE for the purpose of any delivery of written notices in terms of this Agreement with a copy mailed to the relevant PARTIES’ postal address, The Agreement shall become in force upon the signing thereof by the representatives of the PARTIES and remain in force until termination in terms of the provisions of Section 20, Official communication documents will be handled in English.APPENDIX 4 The working areas will be determined by the SHE forum 1 meeting, the current working areas consists of the following areas. Sishen Working Areas Engineering ~ Mining Maintenance ~ Plant Maintenance - Engineering support services - Planning and Development ~ Infrastructure - Engineering Contractors Mining - Mining Management - Mining Technical Services - North Mine - South Mine - Pre-Strip &Contractors - Engineering & Projects - Mining Contractors Plant = Plant Distribution - Operations JIG - Operations DMS ~ Production Planning & Information - Plant Contractors SHEQ - Safety - Environmental Management - Occupational Hygiene - SHEQ Systems - Occupational Health ~ Occupational Health Centre Mine Management Human Resources - Training - Organization Performance- Employee Relations Services - Talent Management and IPS - REM Systems support and time management - Residential Property management = Contractors Management and Projects Financial Management - Administration Services - Finance - Protection Services Operational Supply Chain ~ Inventory - Procurement - Logistics Business Improvement Operating Model Sustainable Development ~ Sport and Recreational Facilities - Sustainable Development - Sishen - Communication & Social Investment Sishen Contractors Projects Delivery CBje0 Page 36 0f 38 Ne7 = THIS DONE and SIGNED at Sis MEd [Mose ...on this the [87 .day of DECEMSER. 2016, in the presence of the undersigned witnesses: AS WITNESS: AS WITNESS: Lb / AS WITNESS: 1 ME AS WITNESS: For and on behalf of NUM. ] OSS0uU WwW. For and on behalf of SOLIDARITY Ble For and on behalf of AMCU Be.o For and on behalf of BAMCWU He pede- Fear on behalf of THE COMPANY Page 37 of 38