Mine Health and Safety Act

6. Manager to ensure adequate supply of health and safety .. '·. equipment:. .. :-.:.~.:~:.:~:.;· .. ~;:: ... :~:: .... : ..... ~~..................................... 13 ·. 1: .. ManagJ~\~ staff mine_'wilh: _du~- r~gard to health and . . ·' ' • ' ·SafetY· .. : ... ~· ..... .-.· .... ~ ..... :.~ .. ~ ... :~ .. : .... ::........................................... 14 . Man~ger m~st' establish heaith and safety policy . ..... ........... 14 8. . . 9.·. Codes. of p~a~ti~e ..... ·.~· .... : .... ~.: .. ~ .. : ....... :................................... 15 10. · Ma1.ager to pr~vide health· ~d s~ety training ........... .......... 16 . . . ·11.' M~ager.to. assess ~d respond to risk.................................. 11 12: Manager to . co~ duct occup'ational. hygiene measurements . .. . 19 - . : ~ i ·' .. ,-· _: . .' • ' ' : ~ .; ; -;. ; : / J : : . # · 13.' Manager to establish system of medtcal survetllance .......... 20 .. l4.'; ·R~~~~d ~f ·haiarddu~ wo~k .~ ... ~.:: ...... :.~................................... 22 •

15. Record of medical surveillance ............................................. 22 · 4 No. 17242 Art No. 29, 1996 MINE HEALTIIAND SAFETY ACT, 1996 GOVERNMENT GAZETIE,14 JUNE 1996 Table of Contents 16.: .Annual medical reports.:~.;:::··.~·:·~~ .. :.~ .. ~:.-:.:;·................................... 22

17. Exit certificates ... .. ... ......... ... .. ... .. . ..... ... . ... .. .. . ..... ... .. . .. ....... .. .... 23 - _. ' . I , ~ ~ J; ' ·--. .. -~

18. Co~ts of exrunination ... ........... .. . .. .. .... ... ... ..... ........ ... ... ... ... .. ... . 23 .- -·- ' ! ' ~ • '· 1 -" ~:

19. Employees' right to information ............................................ 24

20. Employee may dispute finding of unfitness to perform .. work .............................. ; ........... ~ .. :·.-........................................... 24 21:. :Manufacturer's and supplier's duty for health and safety .... 25 . 22. Employee~', duties :for health ancl:sa(ety ............................... 27 23. . Employees' right to_ le~ve dangerous working place ............ 28 ~~- .. Etnpl()yees ~o.t to pay for safety. rp.easures ........................... 29 -.'' ' HEALTH AND SAFETY REPRESENTATIVES AND . ·cOMMITTEES · .. .'.~.: .. ~· .... .' .... ~ .. :.·.: ...... : ........ :.................................... 30 . • ,' .• l : ... , • .· - , ' · ""! • • ,· .. - • ; • • ' • ~- ~ ' .~ - : . • 25. ·Health. and safety ·'representat~ves· and .committees ............... 30 , .. ... ·~ . ?,~·. ~egotia_tion ~d ,co?~u~tati~n bef9re appointment of · '·representatives' ....... : .... : .... : .. ·.· .. : .. : .. ~.·:.......................................... 30

27. Designation of. working places .... .. ... .... ..... ..... ... ..... ......... ...... 33 .• ' ' ; ~ ·j ; . '. : . 1 :. • ; • • ' ' • • .... ; : ; ": .. • • ' :' ,• . • • -. • ":·

28. Qualifications of represe~tatives . ............................................ 33 . . . . . ; ' - .... : ·, ,; ' ' . .

29. Election and .appointment of representatives ........................ 34 : .) : ! ', ' • ~' : . : : ' I •• : . : • ' . ;" ' ' ~ ; .: < ' , • ' ~ ~· I :. ' '

30. Rights and powers of representatives ........ ........ ........... ......... 34 J _ ,· ; J • t . • : • : . • ·< }.:·: ~- ; . ' . J ( · . ' ' .. ; : :

31. Duty !O compensate and assist representatives ..................... 37 · .. ·~· ~ : -.· .. · -:; . . : - ~ . . -_ .. :! . . · . .. ·~! ' :_. -, ··! .. . · - ~ ~, ; - . 32. Duty to inform representatives .............................................. 38 i .. "· • ; ,_··'" ; i ·: ~- 1 : ~ : .::-.. • . . .... , - , .:_: . . {~ ' it:.-.• --.· · ~~ · ·.· .. ·.: - ; , .

33. Negotiation and consultation on establishment of * •_ ,' • . ! _, commJttees ~··· ..... .-.. · ... ~ .. ~ ....... ~: .... ;~ ......... ·.................................... 38 ' I ' •, : ~ f. ~ j o • • • : ' - ; GOVERNMENT GAZETIE, 14 JUNE 1996 Table of Contents MINE HEALTH AND SAFETY ACT, 1996 No. 17242 5 Act No. 29, 1996 ·34. ·;Establishment of health and· safety committees .................... 40 · 35: :Committee procedures·;;; ....... ~;:;;............................................. 41 36. ·Rights and powers of health:and safety committee .............. 41 37. · Duty to support committee .;;~; .. .-L .. ~.: ............................... :... 42 38 .. Disclosure of information ....... : .... L......................................... 43 39. "Disputes concerning d~sclosure of information...................... 43 40. ·Disputes concerning. this Chapter ...... :................................... 45 ··' · CHAPTER 4 · ·. TRIPARTITE INSTITUTIONS.................................................... 46 41. :Establishment of tripartite institutions :.................................. 46 42 .. Mine Health and Safety Council ; .... :.::.................................. 46 43 .. Council's duties. ~:.;.:.~ ............ ,.·.-.... :.......................................... 47

44. Duties of permanent committees : .... :..................................... 48 45.. Mining Qualifications Authority ~ ..... :.::.................................. 49 46.: Mining Qualifications Authority's functions ......................... 50 ; , · . . •• ~;. _ • .... . . : ;;r · • •. CHAPTERs- .. INSPECTORATE OF MINE HEALTH AND SAFETY ........... 52

47. Inspectorate established· ....... ;;; .. :::: .... : .. ;.................................. 52 48. ::Chieflnspector .... · ...... : ........ :: ... .-.. ~: .... ~;.................................... 52 49:' Chiefinspector's functions ~ ... :.;;.~.......................................... 52

50. Inspectors' powers ........ ; ..... ,.-.. .-......... :..................................... 54 5 L Inspector may. be accompanied ... : .... ;.::.................................. 56 6 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACf, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 Table of Contents 52; Duty to assist inspector and answer questions ...................... 56

53. Duty to produce documents required by inspector ............... 56

54. Inspectors' power to deal with dangerous conditions ........... 56

55. Inspectors' power to order compliance· ................................. 58

56. Instructions to be posted at mine :.......................................... 58 . 57. Right to appeal inspectors' decisions .................................... 59

58. Right to appeal Chief Inspector's decision ........................... 59 59. 'Appeal does not suspend decision ..... ~................................... 60

60. Initiating investigations ...... :: ... :.............................................. 60

6L Chief Inspector may designate assistant in investigation ..... 61

62. Duty to answer questions in investigation ............................ 61 . 63. Enhancing effectiveness of investigation .............................. 61

64. Reports on investigations .. ....... ...... ........ .... .. ... .. .. .... ............... 61 . 65 I 'tt' t' ru a tng tnqumes ................................................................ .. . . . . 62 · 66. Investigation may be converted into inquiry . .. ......... ...... .. .... 63

67. Chief Inspector may designate assistant in inquiry ..... ... .. .... 63 i 68. Inquiry to be public ...... ........ ..... ... .. .... .. .... .. .. .............. ............ 63

69. Right to participate in inquiry ~.............................................. 63

70. Powers of person presiding. at inquiry .................................. 64

71. Duty of persons summoned or instructed ............................. 64

72. Inquiry records and reports .. ... ................ ......... ........... ... ..... ... 65

73. Chief Inspector may order further inquiry ............................ 65 GOVERNMENTGAZETIE, 14 JUNE 1996 Table of Contents MINE HEALTIIAND SAFETY ACT, 1996 No. 17242 7 Act No. 29, 1996

74. Inquiry and inquest may be conducted jointly ...................... 66 · . CHAPTER 6 MINISTER'S POWERS ........ · ....... · .... ; .... :..................................... 67

75. Minister may prohibit or restrict work .................................. 67 76.. Minister may declare health hazards ..................................... 67

77. Application of Minister's notice · ......... :...... ................ ............ 68 78 .. Exemption from Minister's notice ......................................... 68 . 79. Exemption from all or part of this Act ................................. 69

80. Minister may apply. other laws to mine ................................ 70

81. Minister to table annual report .... ........... ... ... ..... ... .............. ... 70 . ~ . CHAPTER 7. · LEGAL PROCEEDINGS AND OFFENCES ........................... 71 .. 82. Jurisdiction of Labour Court................................................... 71

1. The objects of this Act are - indicates that the word or phrase is defined in section 102 of this Act. (a) to protect the health and safety of persons at mines; 5 (b) to require employers and employees to identify hazards and eliminate, control and minimise the risks relating to health and safety at mines; (c) to give effect to the public international law obligations of the Republic that concern health and safety at mines; 10 (d) to provide for employee participation in matters of health and safety through health and safety representatives and the health and safety committees at mines; (e) to provide for effective monitoring of health and safety conditions at mines; 15 (f) to provide for enforcement of health and safety measures at mines; (g) to provide for investigations and inquiries to improve health and safety at mines; and 20 (h) to promote- (i) a culture of health and safety in the mining industry; (ii) training in health and safety in the mining industry; and 25 (iii) co-operation and consultation on health and safety between the State, employers, employees and their representatives. GOVERNMENT GAZEITE, 14 JUNE 1996 MINE HEAL1H AND SAFETY ACf, 1996 No. 17242 11 Act No; 29, 1996 Health and Safety at Mines s2 CHAPTER 2 · . HEALTH AND SAFETY AT MINES Owner. to ensure safety 2 •. (1). The owner of every mine that is being worked must- (a) ensure, as far as reasonably practicable, that the mine 5 is designed, constructed and equipped - (i) to provide conditions for safe operation and a healthy working environment; and (ii) with a communication system and with electrical, mechanical and other equipment as necessary to achieve those conditions; IO (b) ensure, as far as reasonably practicable, that the mine is commissioned, operated, maintained and decommissioned in such a way that employees can perform their work without endangering the health and safety of themselves or of any other person; .. (c) compile an annual report on health and safety at the mine including the statistics on health and safety that must be kept in tenns of this Act and the annual medical report referred to in section 16; and . (d) if the owner is a body corporate, and the mine employs more than 50 employees, publish and distribute the report referred to in paragraph (c), in an ·. appropriate forrn, . to the mine~ shareholders. (2) . The owner of a mine that is not being worked, but in respect of which a closure certificate in terms of the Minerals Act has not been issued, must take reasonable · steps to continuously prevent injuries, ill-health, loss of life or damage of any kind from occurring at or because of the mine. 15 20 25 30 12 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY Acr. 1996 GOVERNMENTGAZETIE,l4JUNE 1996 Health and Safety at Mines s3-4 Owner must appoint manager 3.- (l) The owner ofevery mine that is being worked must- (a) appoint one or more managers with the qualifications as may be prescribed, and if more than one manager is appointed, ensure that the managers' functions do not overlap; (b) supply the managers with the means to perform their functions; and (c) take reasonable steps to ensure that the managers perform their functions. (2) The appointment of a manager does not relieve the owner of any duty imposed on owners by this Act or any other law. . • . • ! • . (3) If no manager is appointed in terms of subsection (1), the owner must perform the functions of a manager in terms of this Act. Owner may entrust functions to another person 4. (1) An owner may appoint any person to perform any function · entrusted to the owner by this Act. 5 10 15 4(2)-The Chief Inspector is appointed in terms of s. 48, on page 52; and the Chief Inspector's functions are set out in s. 49, beginning on the same page. (2) An owner who appoints a person under subsection (l) 20 must notify the Chief Inspector of that appointment within seven days, and must include in that notice- (a) the name of the person appointed; (b) the nature of the person's functions; and - (c) the names of the manager or managers over whom . that person has control. 25 (3) An owner who appoints a person under subsection {1) must- (a) supply each person appointed with the means to perform their functions; and GOVERNMENT GAZETTE, 14 JUNE 1996 Health and Safety at Mines ss-6 MINE HEALTII AND SAFETY ACf, 1996 No. 17242 13 Act No. 29, 1996 (b) take reasonable steps to ensure that they perform their functions. (4) The appointment of a person under subsection (1) does not ·relieve the owner of any duty imposed on owners by this Act or any other law. 5 Manager to maintain healthy and safe mine environment · 5-Negligent failure 5. resulting in endangerment to a person at a mine is an offence. See s. 86; beginning on page 72. · (1) To the extent that it is reasonably practicable, every . manager must provide and maintain a working environment that is safe and without risk to the health of · employees. · 10 (2) To the extent that it is reasonably practicable, every manager must - · (a) identify the relevant hazards and assess the related risks to which persons who are not employees may be exposed; ·and - 15 (b) ensl.rre that' persons who are not employees, but who may be directly affected by the activities at the mine, . are not exposed to any hazards to their health and ·safety.· Manager to ensure adequate supply of health and safety equipment · 20 6-Employees have a duty 6 .. (1) Every manager must - to use and take care of personal protective equipment and other health and safety facilities. See · · s. 22, on page 27. &-Interference with health and safety facilities is an offence. See s. 84: on page 72. 6-Empfoyees must not be made to pay for health and safety facilities. See s. 24, on page 29. (a) supply all necessary health and safety facilities and equipment to each employee; and (b) to the extent that is reasonably practicable, maintain those facilities and that equipment in a serviceable and hygienic condition. (2) Every manager must ensure that sufficient quantities of all necessary personal protective equipment are available so that every employee who is required to use that equipment is able to do so. (3) · Every manager must take reasonable measures to ensure that all employees who are required to use personal 25 30 14 No. 17242 Act No~ 29, 1996 MINE HEALTII AND SAFETY ACf,l996 GOVERNMENT GAZETIE, 14 JUNE 1996 Health and Safety at Mines s7-8 protective equipment are instructed in the proper use, the limitations and the appropriate maintenance of that equipment. . Manager to staff mine with ·due regard to health and safety I . ' o · · 7(1 )-Employees have a 7. (1) To the extent that it is reasonably practicable, every 5 duty to comply with health , : and safety measures. See . ;. manager: must·~ ·. , (a)· ensure that every employee complies with the ·: , -: · requirements of this Act; ,_. , · · ; , ·- (b) institute the measures necessary to secure, maintain·. and enhance health and safety; .. .. . . 10 ~ . . - \ (c) appoint persons and provide them with the means to comply with the requirements .of this Act and with any ... instruction given by an inspector; (d) consider an employee's training and capabilities in respect of health and safety before assigning a task to 15 , . . th_at employee; and .· . ' .. ·. . ' (e) . ~ns~re tpat ~ork is performed under the general supervision of a person trained to understand the hazards associated with the work and who has the .. ~ . ~~~ority to en.su_re _that ~e precautionary measures laid down by the_ manager are implemented. ·I . , , · (2) A manager may appoint any person with qualifications as . may be prescribed to perform any aspect of the functions assigned to managers by this Act. · · (3) The appointment of a person under subsection (2) does.not relieve the manager of any duty imposed on managers by this Act. · ' ... . . . · :,,. ·· 25 Manager must establish health and safety policy · · 8. (1) Every manager. must prepare a document that-· i (a) describes the organisation of work; . . ; 30 . (b) establishes a policy concerning the protection of . . employees' health and safety at work; GOVERNMENT GAZETIE, 14 JUNE 1996 Health and Safety at Mines s9.· MINE HEALTH AND .SAFETY ACT, 1996 No. 17242 15 Act No. 29, 1996 (c)-_ establishes a policy concerning the protection of : persons who are not employees but who are directly affected .by mining activities; and (d) outlines the arrangements for carrying out and reviewing p~l~Cies: 5 8(2)-The requirements for . . (2) The manager must consult with the health and safety establishing' a health and safety committee are set out in Chapter 3, beginning on page 30. - · .· ... ' committee on the preparation or revision of the document and policies referred to in subsection (1). .. ···>.; ' . ' .•. (3) The manager 'must'-'' . - . . - f ·. •• • ' • ·:· .. .. ., ·. (a) prominently and conspicuously display. a copy of the. . 10 document referred.to in subsection· (1)· for employees to read; and -- . . '(b) . give eachheaith and safety representative ~'c~py of ; ~ · ~: 1 ... ~ ,' ... =. :. : ; • . ; . i. ·· ··the.dOcu~'ent~ Codes of practice · 15 · 9. · . (1)· Any manager may. prepare and implement a code of . , . . . •:> , •.. · ! · .• employees and other persons who may be directly affected practice on· any. matter affecting the health or safety of . by. activities at the mine. ' · (2). _A manager mus~ prepare and implement a code of practice 20 . on any matter affecting the health or safety of employees and other persons who may be directly affected by . ac~iyities,at the mif!.e if the Chief Inspector requires it. . 1 (3) A code of practice required by the {:hief Inspector must : ·. comply.with g~idelines issued by the Chief Inspector. , • •.• • • • • • . .o. I . :·: - - 25 ' ' . (4) The manager must consult with the health and safety .. . committee on the preparation, implementation or revision : !• of any code of practice. , , . · :- ' I • ~ ~•' ; I " ' " • ~·; : · (5) The manager must deliver a copy of every code of practice . . . prep.U:ed in .terms, of subsection (2) to the Chief Inspector. 30 . i ; . (6)' .The. Chi~f Inspe~tor must review a code of practice of a . · l :;,in~ if requested to do so by a registered trade union with members at the mine, or a health and safety committee or a . health a~d sdfety representative at the mine. ' _. ,, 16 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACf, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 Health and Safety at Mines s10 (7) At any time, an inspector may instruct a manager to review any code of practice within a specified period if that code of practice - (a) does not comply with a guideline of the Chief Inspector, or (b) is inadequate to protect the health or safety of· employees. · · Manager to provi.de health and safety training .. 10(1)-Employees must not 10.' (1) As far as reasonably practicable, every manager be made to pay for health and safety training. See s. 24, on page 29. must - (a) provide employees with any information, instruction, . training or supervision that is necessary to enable them to perform their work safely and without risk to health; and· 5 10 (b) ensure that every employee becomes familiar with 15 work-related hazards and risks and the measures that must be taken to eliminate, control and minimise those hazards and risks. (2) · As far as reasonably practicable, every manager must ensure that every employee is properly trained -· (a) to deal with every risk to the employees health or safety that - · (i) is· associated with any work that the employee has to perform; and '. (ii) has been recorded in terms of section 11; 25 (b) in the measures necessary to eliminate, control and . minimise ·th<?se risks to health or safety; (c) in the procedures to ~e followed to perform that employees work; and (d) in relevant emergency procedures. GOVERNMENT GAZETIE, 14 JUNE 1996 Health and Safety at Mines s11 MINE HEALTII AND SAFETY ACT, 1996 No. 17242 17 Act No. 29, 1996 (3) In respect of every employee, the provisions of subsection (2) must be complied with - (a) before that employee first starts work; (b) at intervals determined by the manager after consulting the health and safety committee; 5 (c) before significant changes are introduced to procedures, mining and ventilation layouts, mining methods, plant or equipment and material; and (d) before significant changes are made to the nature of . that ~mployee 's occupation or work. 10 Manager to assess and respond to risk 11. (1) Every manager must- (a) identify the hazards to health or safety to which employees may be exposed while they are at work; (b) assess the risks to health or safety to which employees 15 may be exposed while they are at work; (c) record the significant hazards identified and risks assessed; and . ,(d) make those records available for. inspection by employees. (2) · Every manager, after consulting the health and safety committee at the mtne, must detennine all measures, · including changing the ·organisation of work and the design of safe systems of work, necessary to - (a) eliminate any recorded risk; (b) control the risk at source; (c) minimise the risk; and (d) in so far as the risk remains - 20 25 18 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 Health and Safety at Mines s11 i (i) provide for personal protective equipment; and (ii) institut~ a programme to monitor the risk to which employees may be exposed. (3) Every manager must, as far as reasonably practicable, implement the measures determined necessary in terms of subsection (2) in the order in which the measures are listed in the paragraphs of that subsection. 5 ( 4) Every manager must - (a) periodically review· the hazards identified and risks assessed, including the results of occupational hygiene measurements and medical surveillance, to determine whether further elimination, control and minimisation of risk is possible; and (b) consult with the health and safety committee on the review. (5) Every manager must - (a) conduct an investigation into every- (i) accident that must be reported in terms of this Act; (ii) serious illness; and (iii) health-threatening occurrence; (b) consult the health and safety committee on investigations in. terms of this section; 10 15 20 (c) conduct an inves~igation in co-operation with the . health and safety representative responsible for the working place in which the investigation takes place; 25 (d) on completion of each investigation, prepare a report that- I ' . ' (i) whenever possible, identifies the causes and the underlying causes of the accident, serious illness or health-threatening occurrence; 30 (ii) identifies any unsafe conditions, acts, or procedures that contributed in any manner to the accident, serious illness or health-threatening occurrence; and GOVERNMENT GAZETIE, 14 JUNE 1996 Health and Safety at Mines s12 MINE HEALTH AND SAFETY ACT, 1996 No. 17242 19 Act No. 29, 1996 11 (B)-Section 60, on page . 60, empowers an inspector to investigate health and safetY haiaids if instructed by the Chief Inspector or requested by a trade u~ion, a health and safety representative or a health and safety committee. (iii) makes recommendations to prevent a similar accident, serious illness or health-threatening .. occurrence; and (e) deliver a copy of the report referred to in paragraph · .. (d) to the health and safety committee. If there is no 5 health and safety committee the manager must deliver · a copy of the report to the health and safety ' ripresentative responsible for the working place. ! • (6) . An. investigation n~ferred to in subsection (5) may be held jointly wi~ an investigation conducted by an inspector in terms of section 60. 10 (7) If there is no health and safety committee at a mine, the consultations required in this section must be held with - . (a) the health and safety representatives; or .j • (b) if there is no health and safety representative at the mine, with the employees. 15 Manager to conduct occupational hygiene measurements 12. (1) The manager must engage the part-time or full-time services of a person qualified in occupational hygiene techniques to measure levels of exposure to hazards at the mine- (; ~ ' 20 (a) if required to do so by regulation or a notice in the Gazette; or (b) if, after assessing risks in terms of section 11(1), it is necessary to do so. 25 (2) . Every system of occupational hygiene measurements must- (a) be appropriate, considering the hazards to which the ... employees are or may be exposed; and ' . . . (b) ·be designed .so that it provides information that the manager can use in determining measures to elimimite, control and minimise the health risks and hazards to which employees are or may be exposed. 30 20 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACf. 1996 GOVERNMENT GAZETIE. 14 JUNE 1996 Health and Safety at Mines s13 (3) The manager must keep a record of all occupational hygiene measurements in terms of subsection (l) in a manner that can be linked as far as practicable to each employees record of medical surveillance. Manager to establish system of medical surveillance 5 13. (1) The manager must establish and maintain a system of . • medica{surveillance of employees exposed to health . hazards- . (a) if required to do so by regulation or a notice in the . · Gazette; or 10 (b) if, after assessing risks in terms of section 11 ( 1 ), · i! is necessary to do so. (2)' Every system of medical surveillance must - (a) be appropriate, considering the health hazards to which the employees are or may be exposed; (b) be designed so that it provides infonnation that the manager can use in determining measures to - · (i) eliminate, control and minimise the health risk and hazards to which employees are or may be exposed; or (ii) prevent~ detect and treat occupational diseases; and (c) consist of an initial medical examination and other medical examinations at appropriate intervals. 15 20 ' ' (3) Every manager who establishes or maintains a system of 25 medical surveillance must - (a) engage the part-time or full-time services of- (i) an occupational medical practitioner; and • : · (ii) in so far as it is necessary, other practitioners ' · ... ''· _, ··. hold~ng a qualification in occupational medicine . recognised by the Interim National Medical and Dental Council of South Mrica or the South African · Interim Nursing Council; 30 GOVERNMENT GAZETIE, 14 JUNE 1996 Health and Safety at Mines a13-. MINE HEALTII AND SAFETY ACT, 1996 No. 17242 21 Act No. 29, 1996 (b) supply the practitioners with: the means to perform their functions; and (c) keep a record of medical surveillance for each ··employee expo~~d. to a health hazard. (4) A ma~age~ may engage the services of a medical 5 . practitioner to perform. the functions of an occupational _- · medical pr~ctitioner in· terms of this Act until the services of 'an occupational medical practitioner can be obtained. ·- ' : . :. .. : - . ~ . (5) An occupational medical practitioner must take every ·, . . measure tha.t is reasonably practicable to - 10 (a) promote the health and safety of employees at the miiie; and . . (b) assist employees in matters related to occupational medicine. 13(6)-Employees have the. right to challenge a decision that they are unfit to . perform work. See s. 20, beginning on page 24 .. (7). . If any e~ploye~ is declared unfit to perform work as a .. result of an occupational disease, the manager must' . . conduct an investigation in terms of section 11(5). .~- .. _. ' - ~ ... ~ lfan employee is temporarily unfit to perform work as ':1. result of any occupational disease, _ but there is a reasonable ~xpectation that the employee's health will improve so that the employee can return to work, the occupational m'edical practitioner must record that fact and notify both the employer and employee of it. . . . . ' . . . .· . ' ; 15 20 (8) The manager must-· (a)· retain the records referred to in sections 12(3), 25 13(3)( c) and 14(1) until the mine closes; and : . • ' I , -. ,·. (b) when the mine closes, deliver those records to the ' . . . ' Medical !nspe.ctor. . 22 No. 17242 Act No. 29; 1996 MINE HEALTH AND SAFETY Acr, 1996 GOVERNMENT GAZE'ITE, 14 JUNE 1996 Health and Safety at Mines s14-16 ., Record of hazardous work· 14. (1) The manager at every mine must keep a service record, in ··. ·"the prescribed ·forln, of employees at the mine who perform . : ' . work 'hi respect of which medical surveillance is conducted in terms of section 13. 1-• 5 •. ' . 1 _,:(2) : 1be·l1uznager mustdeliver to the Medical Inspector a copy . . . of the relevant' part of the record kept in terms of subsectiori .. (l) _ :'. ' . ' . . .- ~ · (a) · when an employee whose name appears in that record . ceases to be e'mployed at that mine; or 10 '(b) when required to do so by the Chief Inspector. Record of medical surveillance 15(1)-lmproper disclosure of confidential infonnation is .. an offence. See s. 87, on . . . . :· .. ~ ' ' . page 73. 15. ( 1) An employees: record of medical surveillance kept in terms of section 13(3)(c) ~us~ be kept confidential and may be . _ made available only.·_. . . 15 15(1)-Breach of confidence may result in an administrative sanction. See s. 39, beginning on page 43. . (a) in accordance with the ethics of medical practice; (b) if requi~ed -~y _law or court order; or . . ··'(c) · ir'the employee has consented, in writing, to the · release of that information. · (2)' Any-person'required to maintain an employee's record of 20 medical surveillance must - (a) store it safely; and (b) not destroy it or dispose of it, or allow it to be : destroyed or disposed of, for 40 years from the last · ··date· of the medical surveillance of that employee. 25 Annual medical reports 16. (1) Every occupational medical practitioner at a mine must compile an annual report covering employees at that mine, giving an analysis of the employees' health based on the GOVERNMENT GAZETTE.; 14 JUNE 1996 Health and Safety at Mines s17-18 MINE HEALTII AND SAFETY ACf, 1996 No. 17242 23 Act No. 29, 1996 ·employees' records of medical surveillance, without disclosing the names of the employees . • : .J · (2) The annual report compiled in terms of subsection (1) must be given to the manager, who must deliver one copy of the report to each of-· . 5 (a) the owner; ' ' (b) - .,. .. • .. th~ health and safety committees, or if there is no · ~ · - health and safety committee, the health and safety representatives; and ! . :- - ·J '· I ' . ·(c) ·the Medical Inspector. lO Exit certificates • '··:, > • ; ; • .* . __ ) : -~: ' . ! . 17. (1) I , / : , ' : If an employees employment at a mine is tenriinated for · any reason, the ~nager must arrange an exit medical '··. examination of th~ employee . . · :(2) The examination referred to in subsection (1) must be held before, or as somi as possible after, termination of employment. . , . . 15 (3). The employee. ~u~t attend the examination . . . . . . (4) ,J?e ~ccupational. m~dical practitioner conducting the examination must·-· ·. ;. ·_. ' (a) . produc~ an e~it certificate with respect to that employee indicating the results of all medical ' surveillance and the presence or absence of any occupational disease; and . ' : . ~ ' ' ! , (b) · entera copy of the exit certificate into the employee's · ' record of medical surveillance. ·, :_ ' .. - j a . - ·Costs of examination . ·

83. No discrimination against employees who exercise rights .. ~ 71

84. Safety equipment not to be interfered with .... ........ ........ ...... 72 . 85. Juvenile employment underground prohibited ...................... 72

86. Negligent act or omission ...... ~;.............. ................................. 72 87 . . Breach of confidence ... .................. ........ ...... ........ ........ ........... 73

88. Hindering administration of this Act ..................................... 73

89. Falsifying documents ............................................................. 74

90. Failure to attend when surrunoned ........................................ 74

91. Failure to comply with this Act .. ;.......................................... 74 8 No. 17242 Act No. 29; 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETI'E, 14 JUNE 1996 Table of Contents 92: . Penalties .. ; .. ;; ........... :;.: ......................... ·................................... 75 93: Magistrate's Court has jurisdiction to impose penalties ....... 77 94 .. Serving of documents: .:.;: ... · ... : ............. ;.................................. 77 95.' Proof of facts · ... : ... : ... · ..... ;.; ... ;.: ..... ::. ... :..................................... 77 ·CHAPTER 8 GENERAL PROVISIONS· .......................................................... 78

96. Delegation and exercise ofpower ... :;:................................... 78 97 .. Minister's power to add and change schedules .................... 78 98.. Regulations ........ · ..................... ::.: ....... :.................................... 79 99 . . Amendment·of·Iaw·s ........ :~ ........ ~·; ..... .-..................................... 86

100. Transitional arrangements ..... .... . ....... ........................ ............. 86 ·· .1 01: Interpretation ..... ~: .... :::~ .... : .. : ........ : .... >:..................................... 86

102. Definitions .... : .... : .... · .................. ; ..... ~.......................................... 87 .': 103. Occupational Health and Safety Act, ·1993, not applicable.. 94 :: • 104. Civil liability of State ................. ;............................................ 94

105. Act. binds State.: .. .-.. ~~.:·.·................................. ... ......................... 94

106. Short title and commencement .;.:.......................................... 94 :·,· :,- SCHEDULE 1 .. Guidelines for determining the number of full-time health and safety representatives ..................................................................... 95 . ··: , .. : .· ' . I SCHEDULE 2 Nomination and appointment of members to the tripartite institutions .... : .. .-......... :.; .. : ............... !............................................... 97 GOVERNMENT GAZETTE. 14 JUNE 1996 MINE HEALTH AND SAFETY ACI'. 1996 'No. 17242 , 9 Act NO: 29, 1996 Table of Contents { _;.; SCHEDULE 3 Amendment of Laws ..................................... .'..... ... ..... ........ ... .. .. .. .. 98 SCHEDULE 4 Transitional provisions .......... : ... ;.~-. .. ~.;;~;.......................................... 112 10 No. 17242 Act No. l!l, 1996 MINE HEALTII AND SAFETY ACI', 1996 GOVERNMENT GAZETIE, 141UNE 1996 · Objects of Act s1 CHAPTER 1 . ' .. .:. .· : · OBJECTS OF ACT ''· . \ Objects .of Act . An italicised word or phrase

18. The owner must pay the costs of all clinical examinations and medical· tests performed in terms of this Act unless this Act expressly provides otherwise. 20 25 30 24 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACf, 1996 GOVERNMENT GAZEITE. 14 JUNE 1996 Health and Safety at Mines s19-20 19(1)(a)-Section 12(3), on page 20, instructs the manager to keep a record of all occupational hygiene measurements so that they can be linked to each employee's record of medical surveillance. 19(1)(a)-Section 13(3)(c), on page 21, instructs every manager to keep a record of medical surveillance for each employee exposed to ' I • • ' a health hazard. Employees' right to information 19. (1) An employee may request, and the manager must then provide; a copy of the record or of any part of it that - (a) is being kept in terms of sections 12(3) and 13(3)(c); and (b) relates to that employee. · (2), The. occupationa~. medical practitioner conducting an exainination in te~s of section 17 must provide the employee with a copy of the exit certificate prepared as a result of that examination. 5 10 Employee may dispute finding of unfitness to perform work ··· · · 20.· (1) An employee may appeal to the Medical Inspector . . ag~nst -.. . . : .- (a) a decision that the employee is unfit to perform any 15 particuiar category of work; or (b) any finding of an occupational medical practitioner contained in an exit certificate prepared in terms of · seCtion 17; - (2). An appeal uncle~ subsection(l) must- .- . (a) be lodged with the Medica/Inspector within 30 days of the relevant deCision or finding; and - ' · - (b)· state the grounds of the appeal. (3) When the Medical Inspector receives an appeal under subsection (1), the Medical Inspector must choose a medical practitioner who is not employed by the employer of the employee, and arrange for that employee to be re-examined by that medical practitioner, at the cost of the Chief Inspector . . (4) The medical pr~ctitioner referred to in subsection (3) must 20 25 GOVERNMENT GAZETIE, 14 JUNE 1996 Health and Safety at Mines s21 MINE HEALTH AND SAFETY ACf, 1996 No. 17242 25 Act No. 29, 1996 report to the Medical Inspector, who must then consider ·the appeal and.- . . , • (a) confirm, set aside 'or vary the decision or finding of ·the occupational medical practitioner, or (b) substitute any other decision or finding for that 5 · · deCision or finding. (5) ·. Not~ing in tl1is section precludes an employee from .A a) obtainii_1g and paying for a medical opinion from any other medical practitioner; or (b)· pursuing· any other legal remedy. ( 6) .. For. the purposes of this. section, "employee" includes any applicant for employment who has previously been employed at a mine. Manufacturer's and supplier's duty for health and safety 21-Negligent failure 21. (l) Any person who - resulting in endangerment to a person at a mine is an · offence. see s. as; · · · · beginning on page 72. '· (a) designs, manufactures, repairs, imports or supplies any article for use at a mine must ensure, as far as . reasonably practicable - 10 15 (i) that the article is safe and without risk to health a~d safety when used properly; and 20 (ii) that it complies with all the requirements in terms of this Act; ' . . . (b) erects or installs any article for use at a mine must ensure, as far as reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health and safety when used properly; or (c) designs, manufactures, erects or installs any article for use at a mine must ensure, as far as reasonably practicable, that ergonomic principles are considered and implemented during design, manufacture, erection or installation. .. 25 30 26 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACf, 1996 GOVERNMENT GAZEITE, 14 JUNE 1996 Health and Safety at Mines s21 (2) Any person who bears a duty in terms of subsection (1) is relieved of that duty to the extent that is reasonable in the circumstances, if -. .. (a) that person designs, manufactures, repairs, imports or supplies an article for or to another person; and 5 (b) .. that other person provides a written undertaking to take specified steps sufficient to ensure, as far as reasonably practicable, that the article will be safe and without risk to health and safety when used properly and that it complies with all prescribed ' . l · requirements. 'Any person who designs or constructs a building or structure, including a temporary structure, for use at a mine ' must ensure,· as far as reasonably practicable, that the ' design or construction is safe and without risk to health and safety when used properly. Every person who inamifactures, imports or supplies any hazardous substance for use at a mine must - ., (3) i ' (4) (a) ,. ' ' ensure, as far as reasonably practicable, that the .. • . 1 substance is safe and without risk to health.andsafety. ·· when u·sed; handled, processed, stored or transported at a mine iri accordance with the information provided in terms of paragraph (b); (b) 'provide· adequate information about - (i) · the use of the substance; 15 20 25 " 1-· . . ··- (ii) the risks to health and safety associated with the substance; . · . (iii) any restriction or control on the use, transport • and. storage of the substance, including but not limited to exposure limits; 30 (iv) the safety precautions to ensure that the substance is without risk to health or safety; (v) the procedure to be followed in the case of an . accident involving excessive exposure to the GOVERNMENT GAZETTE. 141UNE 1996 Health and Safety at Mines s22 MINE HEAL1H AND SAFETY ACf, 1996 No. 17242 27 . Act No. 290 1996 substa;nce, or any other emergency involving the substance; and (vi) the disposal of used containers in which the substance has been stored and any waste . involving the substance; and · (c) ensure that the information provided in terms of paragraph (b) complies with the provisions of the Hazardous Substances Act, 1973 (Act No. 15 of 1973) .. Employees' duties for health and safety 5 10 21(4)(c}-The Harzardous . Substances Act provides for the control of substances which may cause ill health due to their toxic or. flammable nature. 22-lt is an offence to fail -· 22. Every employee at a. mine,.while. at that mine, must- to comply with a duty under this Act. Sees. 91, beginning on page 74 . . (a) . take reasonable care to protect their own health and . safety; 22(c}-Employers have a . · duty to provide personal protective equipment for employees. See s.6, on page 13. 22-lt is an offence to · . · · ·· discriminate against an : employee who has asserted · any right granted by this Act. See s. 83, on page 71. (b) take reasonable care to protect the health and safety of other: persons who may be affected by any act or omission of that employee; 15 (c) use and take proper care of protective clothing, and . other health and safety facilities and equipment provided for the protection, health or safety of that employee and other employees; 20 . (d) report promptly to their immediate supervisor any situation which the employee believes presents a risk to the health or safety of that employee or any other person, and with which the employee cannot properly deal; 25 (e) . co-operate with any person to permit compliance with the duties and responsibilities placed on that person in terms of this Act; and (f) comply with prescribed health and safety measures. 28 No. 17242 Act No. 29. 1996 MINE HEALTH AND SAFETY ACf, 1996 GOVERNMENTGAZETIE;l4 JUNE 1996 Health and Safety at Mines s23 23-lt is an offence to discriminate against an employee who has asserted any right granted by this Act. See s. 83, on page 71. 23(1)-A health and safety representative has the right - to direct an employee to leave a dangerous working place. Sees. 30(1)(b). on page 34. Employees' right to reave dangerous working place 23. (1) The employee has the right to leave any working place whenever--· .· . ·. (a) circumstances arise at that working place which, with reasonable justification, appear to that employee to ; . pose a serious danger to the health or safety of that ' ... . · • employee; or .. .. (b) ·, ' . •, .. ~ the health and safety representative responsible for that working place directs that employee to leave that working place. . ... . . • 5 10 . · ·' . (2) Every manager, after consulting the health and safety : committee at the mine, must detemiine effective procedures ·.--.. " ·for the general exercise of the rights granted by subsection ( 1 ). and those procedures must provide for - (a) notification of supervisors and health and safety 15 representatives of dangers which have been perceived :and responded to in terms of subsection (1); (b) participation by representatives of management and . ·representatives of the employees in endeavouring to -resolve any issue that may arise from the exercise of · the right referred to in subsection (1 ); 20 : (c) participation, where necessary, by an· inspector or· technical adviser to assist in resolving any issue that· ·may arise: from the exercise of the right referred to in · · subsection (I); 25 (d) where appropriate, the assignment to suitable alternate work ·of any employee who left, or refuses to work in, a working place contemplated. in subsection (1); and (e) notification to any employee who has to perform work · or is requested to perform work in a working place contemplated in subsection (1) of the fact that another employee has refused to work there and of the reason for that refusal. 30 GOVERNMENT GAZEITE, 14 JUNE 1996 Health and Safety at Mines · · s24 · MINE HEALTII AND SAFElY ACT, 1996 No. 17242 29 Act No. 29, 1996 ·· (3f If there is no health and safety committee at a mine, the consultation required in subsection (2) must be held with-· ' . -· ·· ··· (a) the health and safety representatives; or . ~ . . ·. . ' ' ,... t . (b) if there is no health and safety representative at the 5 ' . mine, with the employees ... ·. . ' · .· Employees not to pay for safety measures _ · ·

24. No person may make any deduction from an employee's wages, or permit an employee to make any payment to any person, in respect of anything which the manager is obliged to provide or to do in terms of this Act in the 'interest of the health and safety of an employee. 10 30 No. 17242 Act No. 29, 1996 MINE HEAL1H AND SAFETY ACI', 1996 GOVERNMENT GAZETIE, 14JUNE 1996 Health and Safety Representatives and Committees s25-26 CHAPTER 3 HEALTH AND SAFETY REPRESENTATIVES AND COMMITTEES Health and safety representatives and committees 25(1)-The process for 25. (1) Every mine with 20 or more employees must have a health 5 designating working places is set out ins. 27, on page · · and safety representative for each shift at each designated working place at the mine. 33. (2) Every mine with 100 or more employees must have one or more health and safety committees. 25(3)-lt is an offence to . · fail to do anything required by this Act. See s. 91, beginning on page 74. (3) . A health and safety representative or a member of a health and safety committee does not incur any civil liability only because of doing or failing to do something which a health and safety representative or a member of a health and safety committee may do or is required to do in terms of this Act. 10 15 Negotiations and consultations before appointment of representatives 26. (1) The owner of any mine where there must be a health and safety representative in terms of section 25 must meet, within the prescribed period, with the representative trade union of the mine to enter into negotiations to conclude a collective agreement concerning- (a) the designation of working places; (b) the number of full-time health and safety representatives; (c) the election or appointment of health and safety representatives; 20 25 (d) the terms of office of health and safety representatives and the circumstances and the manner in which they may be removed from office; 30 (e) the manner in which vacancies are to be filled; GOVERNMENT GAZETIE, 14 JUNE 1996 MINE HEALTII AND SAFETY Acr, 1996 No. 17242 31 Act No. 29, 1996 Health and Safety Representatives and Committees s26 26(1)(h}-Section 30(1)(i), on page 35, allows a health and safety representative to attend any meeting of a health and safety committee when appropriate. Section 31(2), on page 37, requires a manager to provide· reasonable time and facilities for employees to meet monthly with their health and safety · · representative. 26(1)(i)-Section 31(3), on page 37, requires a manager to provide health and safety representatives with the facilities, . assistance and training necessary to enable them to function effectively .. (f) .. the manner in which health and safety representatives must perform their functions in terms of this Act; (g) the procedures for the effective exercise of the right to withdraw from serious danger in terms of section 23; :(h) circumstances and the manner in which meetings referred to in sections 30(l)(i) and 31(2) must be ·held; 5 (i) the facilities and assistance that must be provided to a health and safety representative in terms of section 31(3); 10 (j) the training of health and safety representatives; (k) a procedure that provides for the conciliation and ·. arbitration of disputes arising from the application or the interpretation of the collective agreement or any provisions of this Chapter; 15 (I) any prescribed matter; and (m) ·any other matter which the parties believe will promote health and safety at the mine or mines concerned. (2) Before concluding a collective agreement referred to in subsection (1) with the representative trade union, the manager must· consult on the matters referred to in that ' subsection with all other registered trade unions with 20 members at that mine. (3) A collective agreement referred to in subsection (1) may include two or more owners as parties to the agreement. 25 32 No: 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACf. 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 Health and Safety Representatives and Committees s26 26(5)-See Part B of Chapter..~ of, the Labour Relations Act. .· (4) To the extent- that an agreement concluded in terms of subsection ( 1) deals with any matter regulated by this Chapter, the p~ovisi_ons of this Chapter do not apply . . , (5) The provisions applicable to collective agreements in terms of the Labour Relations Act, read with the changes required by the context, apply to agreements concluded in terms of subsect!on. (1). · · 5 (6) If there is no representative trade union at the_ mine, the manager must within the prescribed period - (a) consult with the registered trade unions with members 10 at the mine on the matters referred to in subsection. . (1); and (b) endeavour to reach agreement on the number of full-time health and safety representatives at the mine . . . · .. (7) ' If there is no registered trade union with members at the , 15 mine,· the manager must, within the prescribed period - (a) consult with the employees or any elected · · · representative of the employees on the matters referred to in subsection (1); and .. . j · . . . .· . (b)· endeavour to reach agreement on the number of '.'· .... · . · 'full-time·health and safety representatives at the mine . (8) A dispute exists if either- .. , (a) no collective agreement in terms of subsection (1) is concluded on the number of full-time health and . safety representatives at a mine; or 25 (b) no agreement is reached in terms of either subsection · · ·· · · · (6)(b) or (1)(b) . . ,. ' ·• t . .: - · ·.· · ·: · · (9) When a dispute exists in terms of subsection (8), any party to the dispute may refer it to the Commission. (1 0) When a dispute is referred to the Commission under 30 subsection (9), the Commission must attempt to resolve it through conciliation. GOVERNMENT GAZETIE. 14 JUNE 1996 MINE HEALTH AND SAFETY ACf, 1996 No.17242 33 Act No. 29, 1996 Health and Safety Representatives and Committees s27-28 ~ ·. (11) If a dispute remains unresolved, any party to the dispute : ·.: may request that it be resolved through arbitration, in · which case the Commission, taking into account the . guidelines. in Schedule 1, must determine the number of . full-tif!Ie h~alth 'and safety representatives. (12) Nothing in this section precludes the manager from ·· . consulting. with any employee who is not a member of a registered trade union or any representative of those . · employees concerning the matters referred to in subsection (1). 5 10 Designation of working places ,, '. ... ·.· . . -27. (1) If a collective agreement is concluded after the :negotiations arid consultations referred to in section 26, the manager must designate working places at the mine in accordance with that_agreement. 15 · · • 1 . (2) If no collective agreement is concluded after the . I negotiations and consultations referred to in section 26, the man~ger ~u'st desig~ate. working places at the mine so that- ., . ' (a) ·;everjr'wbrking place at the' mine is designated; I ' ~ ·, .· . (b) . no health .and safety represent~tive is responsible for more than 100 employees; and' " - (c) no health and safety representative is responsible for more than 50 employees if the designated working place inCludes separate working places. Qualifications of representatives ·, .. ; · .. 28.· (1) To qualify to ser-Ve as a health and safety representative .. referred. to in section 25(1), an employee must,-. ". :: . I ' (a) . be employed in a full-time capacity in the de~ignated_ .working_place; and . (b) be acquainted with' conditions and ac~ivities at th~ .. .. ' . . . . . . . . . -' . . .. ~ ' :· .. ~ ~ ; . ; . .. \ .. ~ . : : .. . : ·-· designated working place. · . . (2) To qualify to serve as a full-time health and safety representative an employee must - 20 25 30 28(1)-Sectici~ 25(1); 'ori pag~ 30, ~tipulates that . _ every mine with 20 or more employees must have a health and safety representative for each shift ' . , I at each designated working· place. 34 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACT, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 Health and Safety Representatives and Committees s29-30 (a) be employed in full-time capacity at the mine; ' (b) comply,with any other qualifications which may be (i) agreed by a health and safety committee; or (ii) prescribed. Election and appointment of representatives 5 29 •. (1) At a mine referred to in section 25(1), the employees in a designated working place may elect from among themselves health and safety representatives. (2) . The" ·e;,ployees at the mine may elect from among themselves any full-time health and safety representatives that may be agreed or determined in terms of section 26. 10 (3) The elections referred to in subsections (1) and (2) must be conducted in the prescribed manner. (4) The employees elected as representatives in terms of this s·ection must be appointed by the manager in the prescribed manner . . Rig~ts and powers of representatives 30. · (1) A health and safety representative may- (a) represent employees on all aspects of health and safety; (b) .direct any employee to leave any working place whenever circumstances arise at that working place . Y~hich, with reasonable justification, appears to the health and safety representative to pose a serious danger to the health and safety of that employee; (c) assist any employee who has left a working place in terms of section 23; (d) . identify potential hazards and risks to health or safety;· 15 2.0 25 (e) make representations or recommendatio-ns to the ' . 29(2)-Section 26, beginning on page 30, deals with the election or appointment of health and safety representatives. 30(1}(c)-Section 23, · beginning on page 28, empOwers an employee to .. leave any dangerous working place and requires every manager to follow certain procedures in this regard. GOVERNMENT GAZETTE. 14 JUNE 1996 MINE HEALTII AND SAFETY Acr. 1996 . No. 17242 35 Act No. 29, 1996 Health and Safety Representatives and Committees s30 manager or to a health and safety committee on any matter affecting the health or safety of employees; (f) inspect any relevant document which must be kept in terms of this Act; . (g) reques~ relevant information and reports from an 5 inspector; (h) with the approval of the manager, be assisted by or . consult an adviser or technical expert who may be either another employee or any other person; (i) attend any meeting of a health and safety 10 committee- (i) of which that representative is a member; or (ii) which 'Yill consider a representation or recommendation made by that representative; UJ request- .. 15 .. ' • (i) an inspector to conduct an investigation in .:·· terms of section 60; or (ii) the Chief Inspector to conduct an i~quiry in terms of section 65; • I (k) participate in consultations on health and safety . 20 with- (i) the manager or person acting on behalf of the manager; or (ii) an inspector; . . . : (l) . participate in any health and safety inspection by -. · . 25 (i) the manager or person acting on behalf of a . manager; or .. ' (ii) an inspector; 30(1)U}(i}-Section 60, on page 60, requires an inspector to investigate serious health and safety contraventions. 30( 1 )(l)(ii}-lnspections are ·: carried out by inspectors acting under section 50(2)(e). See page 55. 36 No. 17242 Act No. 29, 1996 . MINE HEALTII AND SAFETY ACf, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 Health and Safety Representatives and Committees s30 (m) inspect working places with regard to the health and safety of employees at intervals agreed with the manager; (n) participate· in any internal health or safety audit; (o) investigat~ complaints by any employee relating to health and safety at work; 5 ·.·: (p) :examine the causes of accidents and other dangerous occurrences in collaboration with the manager or person acting on behalf of the manager; 30(1 )(s)-Section 11 (5), on page 18, requires every manager working in co-operation with a health and safety representative to investigate health threatening situations. Section 11 (6) provides that • ' this investigation may be cond~cted jointly with an inspector. · 30(3)-Section 25{1), on page 30, stipulates that every rriine with 20 or more. employ~es must have a . health and safety representative for each shift at each designated worl<ing place. (q) visit the site of an accident or dangerous occurrence at any reasonable time; 10 .. (r) ·'attend a post-accident inspection; (s) co-operate with the manager in the conducting of investigations in terms of section 11(5); (t) participate in an inquiry held in terms of section 65; 15 and (u) perform the functions - -. (i) agreed by the health and safety committee; or (ii~ prescribed. (2) The rights and powers referred to in subsection (1) apply to health and safety representatives referred to in section 25(1) only in respect ofthe working places for which they are resp()nsible. (3) If a health and safety representative requests information or reports under subsection (l)(g), the inspector must· supply the representative with the information or reports in their possession. 20 25 (4) A manager may not unreasonably withhold the approval required in terms of subsection (l)(h)_ GOVERNMENT GAZETTE. 14 JUNE 1996 MINE HEALTII AND SAFETY ACf, 1996 No. 17242 37 Act No. 29, 1996 Health and Safety Representatives and Committees s31 (5) A health and safety representative intending to exercise the right to inspect working places under subsection (I)(m) must- (a) give the manager reasonable notice of the inspection; _.and 5 (b) permit the manager to participate in the inspection. · :. (6) ·Health and safety. representatives are entitled to perform their. functions and to receive training during ordinary working hours . • - · ' J ' • • • (7) . An)' time reasonably spent by a health and safety 10 representative for a purpose referred to in subsection (6) must be considered for all purposes to be time spent ' carryingoutthe employment duties of that representative. Duty to compensate and assist representatives .·. 31. (1) The manager must pay every full~time health and safety · representative appropriate remuneration at least equal to · ~--the remuneration the representative earned immediately -. before being appointed as a full~time health and safety 15 representative. • : ' J ' ' ~ • f' t . : - ' .. (2) The mcmager m~st provide reasonable time and facilities 20 for employees to meet monthly with their health and safety representatives in order to consider - (a) . health and safety in their working places; and . . . . ' (b) reports by the representativ~s on the performance of their functions. 25 (3) The manager must pr<~>Vide health and safety representative~ with - · . . (a) the facilities' and assistance reasonably necessary to perform their functions; (b)·: training that is reasonably required to enable them to 30 · perform their functions; and 38 No. 17242 Act No. 29; 1996 MINE HEALTH AND SAFETY ACf, 1996 GOVERNMENT GAZETTE, 14 IUNE 1996 Health and Safety Representatives and Committees s32-33 . , . (c) time off from work, without loss of remuneration, to attend any training course that is agreed or prescribed. (4) Unless otherwise agreed, the assistance referred to in . subsection (3)( a) does not include any costs associated with advisers or independent experts contemplated in either section 30(I)(h) or section 36(l)(g). 5 (5) On the completion of a tenn of office as a full-time health and safety representative, the health and safety . representative is entitled to - (a) employment in the same position held immediately 10 b_e~ore being. appointed as a full-time health and safety . representative; . or (b) employm_ent in. a position that is at least as favourable as the position held immediately before being appointed a full-time health and safety representative. 15 Duty to inform representatives 32. , . Every_ manager must notify the health and safety representatives concerned and, if there is a health and safety committee, the employee co-chairperson of that committee- (a) in good time, of inspections, investigations or inquiries of which an in_spector has notified the manager; and 20 , · (b) 'as soon as p~~cticabie, of any accident, serious illness or he~lth-threatening occurrence, or other dangerous event. Negotiation and consultation on establishment of committees 33(1)-Section 25(2), on page 30, provides that . every mine with 100 or more employees must have one or more health and safety committees. 33. (1) The owner of any mine in respect of which a health and safety committee must be established in tcnns of section 2.5(2), must ineet, within the prescribed period, with the representative trade union at the mine to enter into negot~ations to concl~de a collective agreement concerning -. (a) the number of health and safety committees to be · . · · - · . established at the ·mine and the working places for which they will be responsible; 25 30 GOVERNMENT GAZETTE, 14 ruNE 1996 MINE HEALTII AND SAFETY ACf, 1996 No. 17242 39 Act No. 29, 1996 Health and Safety Representatives and Committees s33 · (b) . the number of management and employee , representatives on the committees; the election and appointment of members of health (c) ' · and safety ·committees; (d) the terms of office of members of the health and 5 · safety com11Jitle~ and the circumstances and the manner in which the members may be removed from office; . ' ·(e) ·the manner in which vacancies are to be filled; (f) the circumstances and the manner in which meetings may be held; 10 ... - ~\.. \ ,< ·· ! ~ 1 .. • . ~ .. .1. . ; • ~ • • ~ ; ~ (g) . : ' .. the facilities and assistance which must be provided to . health and safety committe~s·in terms of section '31(a); and · . . . . (h). a procedure that provides for the conciliation and 15 · arbitration of disputes arising from the application or interpretation ofthe collective agreement in terms of any.provision of this Chapter .. (2) Before concluding a collective agreement referred to in subse~tion (1) with the representative trade union, the manager must consult on the matters referred to in that subsection with all other registerei trade unions with 20 .. members at that mine . ... ' ' ,: , _ ,...- ;"'·: (3) A collective agreement referred to in subsection (1) may include' two' or' more owners as parties to the agreement. 25 ' (4) To the extent that an agreement concluded in terms of subsection (1) deals with any matter regulated by this Chapter, the provisions of this Chapter do not apply. Section 33(5}-See Part B of Chapter 3 of the Labour Relations Act. (5) . The provisions applicable to collective agreements in terms of the Labour Relations Act, read with the changes required by the conte~t. apply to agreements concluded in 30 . . terms of subsection ( 1 ). 40 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACI', 1996 GOVERNMENT GAZETI'E, 14 JUNE 1996 Health and Safety Representatives and Committees s34 (6) ·If there is no representative trade union at the mine, the manager must consult, within the prescribed period, with the registered trade unions with members at the mine on the m.atters refef!ed to In subsection (1). (7) . If there is no registered trade union with members at the 5 mine, the manager must, within the prescribed · period, consult with the employees or any elected representatives 'of the employees on the matters referred to in subsection (1). · . ·. (8) , The negotiations and consultations referred to in this lO section may be held at the same time as those referred to . 1:% • . . _, . in section 26. · Establishment of health and safety co~mittees ; \·. 34 •. ; (1) . If a collectiye agre~ment is concluded in terms of section 33(1), health and safety committees must be established in terms of that agreement. ·uno collective agreement is concluded in terms of section 33(1), the manager must establish health and safety . committees after the consultation referred to in section (2) 33(6) or (7) ·arid in accordance with this section and the regulations. · !' · (3) , A health and safety committee mus~ consist of (a) !at least foure~ployee representatives; and 15 20 (b) a number of management representatives equal to or less than the number of employee representatives. 25 .(4) The health and safety representatives must appoint the employee representatives on the health and safety . commfttee. The .employee representatives must be - (a) broadly representative of the working places at the mine; and 30 . (b) ' employees at th~t mine. (5)· No more than two ofthe employee representatives may be· appointed from full-time employees who are not health and safety representatives, unless all of the health and safety representatives have been appointed to the committee and there are still employee committee positions to be filled. 3 GOVERNMENT GAZETTE, 14 JUNE 1996 MINE HEALTII AND SAFETY ACT, 1996 No. 17242 41 Act No. 29, 1996 Health and Safety Representatives and Committees 535-36 (6) .The manager must appoint the management representatives on the health and safety committee. The persons appointed must include persons who have authority to develop and implement health and safety policies at the mine. Committee procedures 35. (1) The employee and management representatives o~· a health·. and safety committee must each elect a chairperson· from · their number. Unless otherwise agreed by the committee, the two chairpersons must alternate as the presiding chairperson of the committee. · (2) Uniess otherwise agreed by a health and safety_ committee, the committee must meet at least once a month. (3) A health and safety committee may determine its own rules ·· and procedures. 5 10 (4) Persons other than employee or management 15 representatives may be invited to attend meetings of the health and safety committee and to participate in its . proceedings. . .. Rights amJ powers ~~ health and safety committee 36. (l). A health and.safety committee may- . . : (a) represent employees on all aspects of health and safety; (b) participate in consultations on any health and safety matter listed in the Schedule referred to in section .. 97(2); 20 25 (c) requ-est the Chief Inspector to review any code of prac~ce; (d) request relevant information from any person who is required, in ternis of this Act, to provide that information to the committee; 30 . ' 36(1)(b)-Section 97(2), on page 78, empowers the Minister after consulting the Council to_ publish a notice in the Gazette that adds a further Schedule cont~ining matters in respect of which health and safety committees may consult. 36(1 )(c)-The rules governing codes of practice are set out in s~ 9, on 'page 15. ' 42 . No. 17242 Ac:t No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZEITE, 14 JUNE 1996 Health and Safety Representatives and Committees s37 (e) agree on additional qualifications or functions of health and safety representatives; (f) request - · · 36(1)(f)(i)-Section 60, on (i) ari inspector to -conduct an investigation in page 60, requires an. inspector to investigate .. . serious. health and safety . terms of section 60; or 5 contraventions. . ' ' 36(1)(f)(ii)-Section 65, on page 62, requires the Chief Inspector to direct an · inspector to conduct an Inquiry Into the death of any person and into any health and safety contraventions. (ii) . the Chief Inspector to conduct an inquiry in: terms of section 65; (g) with. the approval of the manager. be assisted by or consult an adviser or a technical expert who may be either another employee or any other person; (h) take reasonable time to prepare for each meeting of the committee; and· ( i) take reasonable time to report on meetings of the committee to the health and safety representatives at · ' the mine. · · · (2) · No manager may unreasonably withhold the approval required in terms of subsection (l)(g). (3) Members of health and safety committees are entitled to perform their functions and to receive training during ordinary working hours. · · (4) Any time reasonably spent by a member of a health and safety committee for a purpose referred to in subsection (3) must be considered for all purposes to be time spent :_ carrying out the employment duties of that member. Duty to support committee 10 15 20 25

37. The manager must -. . • -. ... . (a) provide the health and safety commit~ee ~ith the ' facilities and assistance reasonably necessary to perform its' functions; GOVERNMENT GAZETIE, 141UNE 1996 MINE HEALTII AND SAFETY ACT, 1995 No. 17242 43 Act No. 29, 1996 HeaHh and Safety Representatives and Committees .538-39 37(b)-Section 2(1)(c), on. page 11, requires .the owner. to compile an annual report on health and safety at the (b) supply the health and safety committee with the annual report referred to in section 2(1)(c) and any information necessary to perform its functions. mine. Disclosure of information · 38-Section 65, on page 62, requires the Chief Inspector to direct an inspector to conduct an · inquiry into the death of any person and into any health and safety contraventions. 3~1mproper disclosure· of confidential information is ·-·. · ' an offence. Sees. 87, on page 73. 38.·. (1) Whenever a manager, inspector or a person who conducts 5 an inquiry in terms of section 65, is required by the · provisions of this Chapter to supply information or reports to a health and safety representative or to the health and safety" committee, that manager, inspector or person - (a) must not disclose any information that is private 10 persona~ information relating to an employee, unless the_ employee consents in writing to the disclosure of · that information; and (b) is not required to supply any information - (i) that is legally privileged; 15 (ii) that the manager, inspector or person could not · disclose without contravening a prohibition . imposed upon the owner or an employer by any ·law or court order; or (iii) that·is confidential and, if disclosed, may cause 20 substantial harm to an employee or the owner or • ·an ·employer. ,· ' . (2) · No employee may unreasonably withhold the consent : · · _. ' . . - ~ ~ . required in terms of su_bsection (l)(a). . ' -· . . Dispu~es concerning disclo~ure of information 25 39.· (1) If there is a dispute about what information is required to be disclosed in tenns of the provisions of this Chapter, any · party to the dispute may refer the dispute in writing to the · Commission. (2) The party who refers a dispute to the Commission must 30 satisfy it that a copy of the referral has been served on all the other parties to the dispute. (3) The Commission must attempt to_ resolve the dispute through conciliation. 44 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACT, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 Health and Safety Representatives· and Committees ' s39 ' (4) If the· dispute remains unresolved, any party to the dispute· · may request that the dispute be resolved through arbitration. . . : (5) A cornn1issioner appointed to arbitrate a dispute must first . decide whether or not the information is required to be 5 · , · supplied in terms of the provisions of this Chapter . . (6). · If the commissioner decides that the information is required and if it is information contemplated in section 38(a) or. (b)(iii), the commissioner must balance the harm that disclosure is likely to cause to an employee or owner. · : ·: · or employer· other than the owner, against the. harm· that the ··failure to disClose the information is likely to cause to the . ability of health and safety representatives or members of: the· health· and safety committee to perform their. functions . effectively. . . . (7) If. the commissioner decides that the balance of harm favours the disclosure of the information, the commissioner . may ~rd~~ the disclosure of the information on terms 4esigned to "limit the harm likely to be caused to the employee ~r the owner or the employer. ,, (8) ·_.When making an order under subsection (7), the c~mmissioner must take into account any previous breach of confidentiality in respect of information disclosed in terms of the provisions of this Chapter, and may refuse to order the disclosure of the information or any other . c~nfidential information which might otherwise be disclosed for a period specified in the arbitration award. : .. ·, .. . ~ . (9) In any dispute about an alleged breach of confidentiality, the commissioner may. order that the right to disclosure of information in terms of the provisions of this Chapter be withdrawn fora period specified in the arbitration award. . . ' . . .. ' · 10" 15 20 25 30 GOVERNMENT GAZETIE, 14 JUNE 1996 MINE HEALTII AND SAFETY ACf, 1996 No. 17242 45 Act No. 29, 1996 Health and Safety Representatives and Committees s40 Disputes concerning this Chapter 40(1)-Section 26(8), on . : 40 •. (1)'. Any party. to a dispute about the interpretation or page 32, provides that a dispute exists if no collective agreement is concluded or reached on· the number of full-time health and safety representatives. application of any provision of this Chapter, other than a dispute contemplated in section 26(8) or 39, may refer the dispute in writing to the Commission. 5 (2) The party who refers a dispute to the Commission must satisfy it that a copy of the referral has been served on all · the other parties to the ·dispute. (3) The Commission must attempt to resolve the dispute . through ~onciliation. 1 o . · (4) If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration as soon as possible. 40(5)-See sections 133-146 of the Labour Relations Act. (5) The provisions relating to arbitration in the Labour Relations Act, read with changes required by the context, apply to an arbitration referred to in sections 26(11) and 39 and subsection (4). 15 46 No. 17242 Act No. 29, 1996 MINE HEALll{ AND SAFETY ACf. 1996 GOVERNMENT GAZETIE. 14 JUNE 1996 Tripartite Institutions s41-42 .CHAPTER 4 TRIPARTITE INSTITUTIONS Establishment of tripartite institutions 41. (1) A Mine Health and Safety Council is hereby established to advise the Minister on health and safety at mines. 5 (2) The following permanent committees of the Council are hereby established - (a) the Mining Regulation Advisory Committee; (b) the Mining Occupational Health Advisory Committee; and 10 (c) the Safety in Mines Research Advisory Committee. (3) A Mining Qualifications Authority is hereby established to advise the Minister on - (a) the creation of a framework for qualifications and learning achievements in the mining industry to improve health and safety standards through proper training and education; 15 (b) standards and competency setting, assessment, examinations, quality assurance and accreditation in the mining industry; and 20 (c) linking the qualifications framework for the mining industry to the National Qualifications Framework referred to in the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995). 41(3)(c)-The South African Qualifications Authority Act provides for a National Qualifications Framework which aims to enhance the quality of education and Mine Health and Safety Council 25 training. 42. ( 1) The Council consists of - (a) five members representing owners in the mining· industry; GOVERNMENT GAZElTE, 14 JUNE 1996 MINE HEALTH AND SAFETY ACT. 1996 No; 17242 47 Act No. 29, 1996 Tripartite Institutions s43 42(3~Section 97(3), on page 78, empowers the Minister, after consulting the Council and by notice in the Gazette, to add a Schedule containing the constitution of the Council and its permanent committees. (b);. five members representing employees in the mining industry; (c) four members representing dep.artments of the State; and . (d) the Ch~ef Inspector, who must chair the Council. 5 (2) The Minister must appoint the members of the Council and the pennanent committees of the Council in accordance .with the regulations. (3) The Council, and the pennanent committees of the Council, must govern themselves in accordance with the constitution contemplated in section 97(3). 10 (4) The Council may delegate any of its powers or assign any .. of its duties by or under this Act to any of its committees. (5) A delegation or an assignment under subsection (4)- (a) must be in writing; 15 (b) may be subject to such conditions and restrictions as the Council may determine; and (c) does. not prevent the exercise of that power or the performance of that duty by the Council. · ( 6) Members of the Council, or of a committee of the Council, are each entitled to have their views reflected in any report of the Council or committee, as the case may be. 20 (7) Each year, the Minister, with the agreement of the Minister of Finance, must provide sufficient funds for the administration of the Council, and committees of the Council, from public funds. 25 Council's duties

43. The Council must - (a) advise the Minister on health and safety at mines including,· but not limited to, any regulations on mine rehabilitation in so far as they concern health and safety; 30 48 No: 17242 Act No; 29, 1996 MINE HEALTH AND SAFElY ACT, 1996' GOVERNMENT GAZETIE,l4 JUNE 1996 Tripartite Institutions s44 .. , (b) ·co-ordinate the activities of its committees, receive reports from the committees and liaise with the Mining Qualifications Authority on matters relating to health and safety;''' . :< · ' (c) liaise with any other statutory bodies concerned with matters relating to health and safety; . (d) promote. a culture ofhealth and safety in the mining 'industry; . · · (e) ~ge and ·co::.o~dinate a tripartite summit to review the state of health and safety at mines at least once every.. . . '· .' . . ... ; . . -·. two years;! and. < . . . . . ' : 5 10 :> (f) ··perform every duty imposed upon the Council in terms · • . . " . · , of this Act. · Duties of permanent committees ··. · ·:: 44. (1) ·The Mining Regulation Advisory Committee must' advise 15 the Council on - (a) . proposed changes to legislation to improve health or safety at mines; (b) proposals for changes to legislation made by any other · . , committee of the Council; . . · (c) ·guidelines for codes of practice; and (d) standards approved by the South African Bureau of Standards. (2) The Mining Occupational Health Advisory Committee ... must advise the Council on- (a) policy relating to health; (b) standards, systems and procedures for assessing, avoiding, eliminating, controlling and minimising health risks; 20 25 (c) regulations on any aspect of health; 30 . (d) health research; and . GOVERNMENT GAZETTE, 14 JUNE 1996 MINE HEALTII AND SAFETY ACT, 1996 No. 17242 49 Act No. 29, 1996 Tripartite Institutions s45 (e) ·collecting, processing and distributing health data in the mining industry. (3) ·. The Safety in Mines Research Advisory Committee must advise the Council on - (a) criteria for determining the funding of health and 5 safety research; (b) the. need for research into health or safety at mines; (c) research proje~ts, including priorities of projects, cost, assessmen't~ ratification and execution; (d) communication and publication of research results; 10 and (e) the management of the cost of the overall programme. (4) ' Each year the Safety in Mines Research Advisory Committee must prepare an overall programme for relevant health and· safety research for the' Council to consider. The programme must include ·_ 15 (a) . a reyiewofhealth and safety performance in the different.mining sectors; (b) an evaluation of the research proposals made by the Council;or a committee of the _Council; 20 (c) the focus of health and safety research and priorities for the different sectors of mining; and (d) an estimate of the cost of the programme; · (5) The Council must deliver a copy of the programme· referred to in subsection (4) to the Minister of Finance for consideration. 25 Mining Qualifications.Authority 45. ( 1) The Mining· Qualifications Authority consists of - (a) · five members representing owners in the mining ·industry; 30 50 No. 17242 Act No; 29, 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 Tripartite Institutions s46 - (b) five members representing employees in the mining industry;· (c) four members representing departments of State; and (d) . the Chieflnspector, who must chair the meetings. ' . . ' ' . 45(3)-Section 97(4), on page 79, empowers the Minister, after consulting the Council and by notice in the Gazette, to add a Schedule containing the constitution of the Mining Qualifications Authority. ' .: . 46( 1 )(a)-Section 5( 1 )(a)(ii)(aa) of the So~th. African Qualifications Authority Act l?rovide~ for the registration of bodies responsible for establishing educational training standards. ·' 46(1 )(b)-Section 5(1 )(a)(ii)(bb) provides for the accreditation of bodies responsible for monitoring achievements in terms of standards or qualifications. (2) The Minister must ~ppoint the members of the Mining Qual_ificat.ions ~uthority in accordance with the constitution contemplated in section 97(4). 5 (3) ,. . . . . . The Mining Qualifications Authority must govern itself in ~ccordance with 'ilie constitution contemplated in section 97(4). . . : 10 Mining Qualifications Authority's functions 46. • ( 1) . The Mining Qualifications Authority must - . •' .. (a) , seek registration in terms of the South African · Qualifications Act, 1995 (Act No. 58 of 1995), as a body responsible for establishing education and training standards or qualifications as contemplated in section 5(1)(a)(ii)(aa) of that Act; 15 t . . . (b) seek accreditation in terms of the South African QualificationsAct, 1995 (Act No. 58 of 1995), as a body responsible for monitoring and auditing 20 , , . . achievements as contemplated in section 5(l)(a)(ii)(bb) of that Act; (c) propose education and training standards and . qualifications to bodies registered with that Authority and responsible for establishing education and training standards; · · , ' ·. , · 25 · : (d) set educational and training standards or qualifications in the mining industry; and GOVERNMENT GAZETIE, 14 JUNE 1996 MINE HEALTII AND SAFETY ACf, 1996 No. 17242 51 Ad No. 29, 1996 Tripartite Institutions . , s46 (e), monitor and audit achievement in terms of those standards and qualifications. (2) The Mining Qualifications Authority may - (a) appoint permanent and ad hoc committees, and · subcommittees, for any period and on any conditions; 5 (b) administer and control its financial affairs; and (c) do anything necessary to achieve its objectives. (3) The Mining Qualifications Authority may delegate any of its powers or assign any of its duties by or under this Act to any of its co~ttees. 10 (4) A delegation or an assignment u~der subsection (3) - (a) must be in writing; (b) may be subject to such conditions and restrictions as the Authority may determine; and (c) does not prevent' the exercise of that power or the 15 performance. of that duty by the Authority. (5) In performing its functions, the Mining Qualifications Authority must comply with the policies and criteria fom1ulated by the South African Qualifications Authority in , terms of section 5(l)(a)(ii) of the South African 20 Qualifications Authority Act, 1995 (Act No. 58 of 1995). 52 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 Inspectorate of Mine Health and Safety s47-49 CHAPTER 5 INSPECTORATE OF MINE HEALTH AND SAFETY Inspectorate established 47. (1) A Mine Health and Safety Inspectorate is hereby established. ' . (2) The Minister, by notice in the Gazette, may establish regions of the country for the purpose of administering this Act through regional offices of the Mine Health and Safety Inspectorate. Chief Inspector 48. (lf The Minister must appoint an officer, with suitable mining qualifications and appropriate experience in health and safety at mines, to be Chief Inspector: 5 10 · (2) ·.Subject to the control and direction of the Minister, the · Chief Inspector must perform the functions entrusted to the Chief Inspector by this Act. 15 · (3) The Chief Inspector may perform any of the functions of J' ' . an inspector: • - l Chief Inspector's functions . . ' . . 49.' ·(l) Without limiting any statutory duty of any other person in 20 terms of this Act, the Chief Inspector must - (a) ensure that the provisions of this Act are complied with and enforced and that every duty imposed upon the Chief Inspector, the Medical Inspector or inspectors in terms of any other law is performed; 25 (b) appoint an officer with the prescribed qualifications and experience as the Medical Inspector; (c) appoint officers with the prescribed qualifications and experience as inspectors; (d) administer the Mine Health and Safety Inspectorate; JU GOVERNMENT GAZE'ITE, 14 JUNE 1996 Inspectorate of Mine Health and Safety s49 MINE HEALTH AND SAFETY ACT, 1996 No. 17242 53 Act No. 29, 1996 . (e) determine and implement policies to promote the health and safety of persons at mines and any person affected by mining activities~ . (f) consult with the Council before issuing guidelines on the fonn, content and distribution of codes of practice referred to in section 9; (g) collect, process and distribute information relating to health and safety; · . ' (h) ·advise· the. Minister on health or safety matters at mines; . (i) each year, after consulting the Council and with the ~ .. .. 5 10 approval of the Minister, publish and distribute a plan of action for the activities of the Mine Health and Safety Inspectorate; (j) complete a report on health and safety at mines and 15 the activities of the Mine Health and Safety Inspectorate for each year and submit the report to the Minister within three months of the end of the year concerned; and (k) perform any duties relating to. health or safety at mines that the Minister directs or prescribes. 20 (2) The Chief Inspector must furnish a prescribed certificate to the Medical Inspector and to each inspector.. · .· (3) Despite the p~o~isions of the Minerals Act, the Chief . ~~ITWr- ~ (a) has the power to monitor and control those environmental aspects at mines that affect, or may affect, the health or safety of employees or other persons; and · .(b) must consult with the officer appointed in terms of section 4 of the Minerals Act concerning the exercise . of those powers. 30 49(1 )(f}-Section 9, beginning on page 15, requires any manager to prepare a code of practice. ... . 49(3)(b)-Sectio~, 4 of the Minerals Act deals with the appointment and functi~ns of Directors: Mineral Development under the . . . Department of Mineral and • . , Energy Affairs. 54 No. 17242 Act No. 29, 1996 MlNE HEAL111 AND SAFETY ACT, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 Inspectorate of Mine Health and Safety s50 · (4) To further the objectives of this Act the Chief Inspector may- (a) enter into agreements with other persons; and . . . ·(b) authorise a competent independent person t~ perform any or all the functions of an inspe~tor. 5 (5) The Chief Inspector must furnish a prescribed certificate to each person authorised under subsection (4)(b). Inspectors' powers· ·50. (1) An inspector may for the purposes of monitoring or enforcing compliance with this Act - 10 (a) enter any mine at any time without warrant or notice; (b) enter any other place after obtaining the necessary ':Varrant iri terms of subsection (7); and (c) bring into and use at any mine, or at any place . referred to in paragraph (b), vehicles, equipment and · · material as necessary to perform any function in terms 15 of this Act. 50(2)-lt is an offence to interfere with or hinder an inspector. See s. 88, on page 73. (2) While the inspector is at any mine or place referred to in . subsection (1), the inspector may, for the purposes of monitoring or enforcing compliance with this Act - (a) question any person on any matter to which this Act relates; · . ' (b) require any person who has control over, or custody of, any document, including but not limited to, a plan, book or record to produce that document to the ·: · inspector immediately or at any other time and place that. the· inspector requires; · (c) require from any person referred to in paragraph (b) an explanation of any entry or non-entry in any document over which that person has custody or control; 20 25 30 GOVERNMENT GAZETIE, 14 JUNE 1996 Inspectorate of Mine Health and Safety sso MINE HEALTH AND SAFETY ACT, 1996 No. 17242 55 Act No. 29, 1996 (d) examine any document produced in terms of .paragraph (b), and make a copy of it or take an extract from it; (e) inspect - ~ I .:· J • (i) any. article, ·subst~nce or machinery; 5 · (ii) any work performed; or · (iii) anyconditio_n; .· , _ ·- . (j) -inspect arrangements made by the manager.for .. medical surveillance of employees; .. . · .• (g) . seize any document, article, substance or machinery . 10 or any part or sample of it; and (h) . perform any other_ prescribed function. 50(3)-lt is an offence to fail to comply with an : (3) An inspector may instruct any owner, manager, employee or any other person who performs an activity regulated by inspector's instruction. See · ; '· s. 91, beginning on page 74. . this Act or any former owner, manager or employee or person who formerly performed ari activity regulated by this Act; to appear before the inspector to be questioned on· 15 . any matter to which this Act relates. · ·~ (4) . Before an inspector may seize any document under subsection (2)(g), the owner or manager of the mine may copy it. 20 > ,' I • (5) An inspector may remove any article, substance or machinery or any part or sample of it from any mine or place referred to in subsection ( 1) for examination or analysis. . (6) When an inspector seizes or removes any item under this ·. section, the inspector must issue a receipt for that item to the owner or manager of the mine or place involved. (7) A magistrate may issue a warrant contemplated in subsection (l)(b) only on written application by an · inspector setting out under oath or affirmation the need to : enter a place other than a mine to monitor or enforce compliance with this Act. 25 30 56 No. 17242 Act No. 29, 1996 MlNE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 Inspectorate of Mine Health and Safety s51-54 (8) For the purpose of this section, "mine" does not include · any home, or residential quarters, situated at the mine. Inspector may be accompanied

51. When performing any function under this Act, an inspector may • he accompanied by an interpreter or any other person · reasona~ly required. to assist the inspector. Duty to assist inspector and answer questions 52(1)-lt is an offence to . fail to comply with an inspector's instruction. See s. 91, beginning on page 52~ (1) ·When an inspector enters any mine or place referred to in section 50 (1), the owner or manager and each employee performing any work there must provide any facility that the inspector reasonably requires. 74. (2) Persons questioned by an inspector under section 50(2)( a) or (c) or (3) must answer each question to the best of their ability, but no person is required to answer any question if the answer may be self-incriminating. · · Duty to produce documents required by inspector· 53-It is an offence to · · · 53. ·. Ariy person who holds or should hold a permit, licence, obtain a required certificate of competency by fraudulent means. See s. 89, on page 74. pennission, certificate, authorisation or any other document issued in accordance with this Act or the Minerals Act, must produce it at the· request of the Chief Inspector or any ·inspector.·. Inspector's power to deal with dangerous conditions 54(1)-lt is an offence to · :54.·. (1) If an inspector believes that any occurrence, practice or fail to comply with an ·· : inspector's instruction. See s. 91, beginning on page 74. . .. ·:· ... condition at a mine endangers or may endanger the health or safety of any person at the mine, the inspector may give any instruction necessary to protect the health or safety of persons at the mine, including but not limited to an instruction that - · ... (a) operations at the mine or a part of the mine be halted; 5 lO 15 20 25 (b) the performance of. any act or practice at the mine or a part· of the mine be suspended or halted, and may . :: · • ·, place conditions. on the performance of that act or 30 , ! practice; ··. ': · GOVERNMENT GAZETIE, 14 JUNE 1996 Inspectorate of Mine Health and Safety s54 MINE HEALTH AND SAFETY ACT, 1996 No. 17242 57 Act No. 29, 1996 • .. (c) ' the manager must take the steps set out in the • · r. ., · · · instruction, within the specified period, to rectify the occurrence,. practice or condition; or , (d) . all affected persons, other than those who are required · to assist in taking steps referred to in paragraph (c), 5 be moved to safety. ,• : (2) An instruction under subsection (1) must be given to the manager or a person designated by. the manager or, in their absence, the most senior employee available at the mine to whom the instruction can be issued. (3) An inspector may issue an instruction under subsection (1) either orally or in writing. If it is issued orally, the ' ·' · inspector must confirm it in· writing and give it to the person concerned at the earliest opportunity. (4) If an instruction issued under subsection (1) is not issued ·.to the-manager, the inspector must give a copy of the instruction to the manager at the earliest opportunity. ·-· ·! 10 15 ., ,, .(5} Any instruction issued under subsection (l)(a) must either . . be confirmed, varied or set aside by the Chief Inspector as · · , . soon· as practicable. . ; . , , _. 20 ' ' j . (6) 'Any instruct!~~ issued under subsection (l)(a) is effective .· from _the time. fixed by the inspector and remains in force until set aside by the Chief Inspector or until the :. ; inspector's instructions havebeen complied with. i ' (7). Befo!e giving any instruction under subsection (l)(a) the . inspe_ctor must allo~ the manager or the managers .representative and _the.representatives of employees a reasonable opportunity to make representations . . ,, ' ' : ·· (8) For the purposes of subsection (7), the representatives of - . the employees are - ... " 25 30 (a) representatives designated in accordance with a collective agreement concluded in terms of section 26; (b) if paragraph (a) does not apply, full-time health and safety representatives responsible for the mine or part of the mine which will be affected by the instruction; 35 58 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFEIT ACf, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 Inspectorate of Mine Health and Safety s55-56 (c)· if paragraphs (a) and (b) do not apply, the health and ·· safety representatives responsible for the working ··.··places which will be affected by the instruction; or . (d)' if paragraphs.(a); (b) and (c) do not apply, the . employees who will be affected by the instruction or 5 ~ . · an employee or employees nominated or elected by them . . (9) lfan inspector has reason to believe that the delay caused by allowing representations could endanger the health or safety of any. person, the inspector is not required to allow representations before issuing an instruction under subsection (1 )(a). · .. · (10) Before giving any instruction under subsection (l)(b) to .: .(d), the inspector must allow such opportunity to make representations as may be prescribed. Inspectors' power to order compliance 55(1}-lt is an offence to fail to· comply with an inspector's instructions. See s. 91, beginning on page 74. 55. (1) If an inspector believes that an owner or manager has failed to comply with the provisions of this Act, the ·. · · inspector may instruct that owner or manager in writing to take any steps that the inspector - (a) considers necessary to comply with the provision; and 10 15 20 · (b) · specifies in the instruction. (2) · Whe·n issuing an instruction under subsection (1), an inspector must specify the period within which the specifie~ steps must be taken. A period specified in an instruction may be extended by an inspector at any time by 25 · ·· giving notice in writing to the person concerned. Instructions to be posted at mine

56. The manager of a mine inust - (a) . promptly. supply' ;a copy of any instruction of an 30 inspector to - (i) the health and safety representative representing the employees affected by the instruction; and GOVERNMENT GAZETIE, 14 JUNE 1996 Inspectorate of Mine Health and Safety · s57-58 MINE HEALTH AND SAFETY ACT, 1996 No. 17242 59 Act No. 29, 1996 (ii) the health and safety committee responsible for those employees; and (b) promptly publicise the instruction by- (i) prominently and conspicuously displaying copies . of the instruction to the employees whose interests may be affected; and 5 . (ii) causing its contents to be communicated orally to . those employees. Right to appeal inspectors' decisions 57. (1) Any per~on ~ho is the subject of a decision of an 10 inspector, or at whose instance a decision of an inspector was· taken, may appeal against that decision to the Chief Inspector. (2) An appeal under subsection ( 1) must - (a) be lodged with the Chief Inspector within 30 days of 15 the decision; and (b) set out the grounds of appeal. , (3) · After considering the grounds of the appeal and the inspector's reasons for the decision, the Chief Inspector must as soon as practicable - 20 · (a) confirm, set aside or vary the decision; or . l , , · (b) substitute any other decision for the decision of the inspector. Right to appeal Ch~ef Inspector's decision 58. (1). Any person adversely affected by a decision of the Chief 25 Inspector, either in terms of section 57(3) or in the exercise of any power under this Act, may appeal against the decision to the Labour Court. (2) An appeal under subsection (1), must be lodged with the registrar .of the Labour Court in accordance with the rules of the Labour Court, within 60 days of the date that the · Chief Inspectors decision was given. 30 60 No. 17242 Act No. 29, 1996 MlNE HEALTH AND SAFETY .ACT, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 Inspectorate of Mine Health and Safety 559-60 (3) The Labour Court must consider the appeal and confirm, set aside or vary the decision. Appeal· does not suspend decision 59.·· (1). An appeal against a decision under either section 57 or 58 , does not suspend the decision. 5 : ... ! (2) Despite subsection (1), the Labour Court may suspend the ··operation of the deCision, pending the determination of the matter~ 'if there are reasonable grounds for doing so. Initiating investigatio.ns · · - · · · · 60. .(1 ). ·' The Chief !~spector must instrucf an inspector to 10 • < • ' investigate any acCident or occurrence at a mine that .. results in serious in}u,.Y, serious illness or death of any person. .. ' (2) At any. time. an tnsj/ector may investigate - (a) any occurrence, practice or condition concerning 15 . health or safety of persons at one or more mines; or ·' (b) . - . ~ any actual or suspected contravention of, or failure to C?mply with, any provision ofthis Act. (3) .... < .: .:. 'if there is cause for concern on health or safety grounds, an inspector must investigate any matter referred to in subsection (2), if - . . . . .. (a) instructed to· do so by the Chief Inspector; or . - ~ • '(b) requested to do so by·-· ~ . . . (ira registered trade union with members at the mine or mines; (ii) a health and safety representative or health and 20 25 j . · · : . safety committee at the mine; or ~- ~ . ; . ' . . (iii) if there is no health and safety representative, an employee at the mine. . . : . '· . GOVERNMENT GAZEITE, 14 JUNE 1996 Inspectorate of Mine Health and Safety s61-64 MINE HEALTII AND SAFETY ACT, 1996 No. 17242 61 Act No. 29, 1996 Chief Inspector may designate assistant in investigation

61. At any time before or during an investigation, the Chief Inspector may designate one or more persons to assist the inspector holding the investigation. . . ' ' Duty to answer questions during investigation 5

62. Persons questioned during -~n investigation must answer every question to the best of their ability, but no person is required to answer any question if the answer may be self-incriminating. • • • • • > • • Enhanch1g effectiveness of investigation •· . ' . 63. (1) ·For the purposes of enhancing the effectiveness of an 10 investigation in terms of section 60 the Chief Inspector, in consultation with the appropriate Attorney-General, may issue a certificate that no prosecution may be instituted in respect of any offence arising from the event being · investigated. If a certificate is issued, no disciplinary action arising from the event investigated may thereafter be taken against any person. - (2) The Chief Inspector must communicate in writing the protection afforded under subsection (1) to all persons . . questioned during the investigation. (3) Persons questioned during the investigation who are afforded protection under this section must answer every _ question to the best of their ability and may not refuse to answer any question on the grounds that the answer may be self~incriminating. Reports on investigations 64. ( l) After completing an investigation, an inspector must prepare a written r~port of the findings, recommendations . and any remedial steps. (2) The inspector- · · (a) must submit a copy of the report referred to in subsection (1) to the Chief Inspector, 15 20 25 30 62 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACf, 1996 GOVERNMENT GAZETTE. 14 JUNE 1996 Inspectorate of Mine Health and Safety s65 (b) must supply a copy of the report to the manager and to the health and safety representative, health and safety committee, registered trade union or employee . that requested the investigation; and (c) may instruct. the manager of the mine concerned to 5 prominently and conspicuously display a copy of the report or· portion of if for emp~oyees to read. lnitiating__inquiries .. · 65. ( 1) Unless the provisions of section 63 have been invoked, the Chief Inspector must direct an inspector to conduct an inquiry into any 'accident or oc'currence at a mine that results in the death, of any person. 10 (2) Unless the provisions ~f section 63 have been invoked, the Chief Inspector may direct an inspector to conduct an inquiry into ·_ · ' · 15 (a) any accident or occurrence at a mine that results in the serious injury or serious illness of any person; (b) any occurrence, practice or condition concerning health or ·safety of persons at one or more mines; or . . . . . , .. (c) any actual or suspected contravention of, or failure to 20 comply with, any provision of this Act. (3) If there is cause for concern on health or safety grounds and if the provisions of section 63 have not been invoked, the Chief Inspector may direct an inspector to conduct an inquiry into any matter referred to in subsection (2) if requested in writing. to do so by - . .. (a) a registered trade union with members at the mine or mines; (b) · a health and safety representative or health and safety committee at the mine; or 25 30 (c) if there is no health and safety representative at the mine, an employee. . . . (4) This section does not limit any other law regulating the holding of an inquest or other inquiry into the death of a · person. 35 GOVERNMENT GAZETIE, 141UNE 1996 Inspectorate of Mine Health and Safety s66-69 MINE HEALTH AND SAFETY ACf, 1996 No. 17242 63 Act No. 29, 1996 Investigation may be converted into inquiry 66. (1) At any time during an investigation, the Chief Inspector may convert it into an inquiry. (2) The provisions of sections 68 to 71 relating to attendance and examination of witnesses at inquiries apply equally to a converted investigation. (3) Any person instructed or summoned to give evidence at an inquiry that was converted fro!ll an investigation is not entitled -to refuse to give evidence only on the grounds that a statement had previously been given, or documents previously been adduced, during the investigation. (4) This section does not preclude or limit holding an inquiry after an investigation has been completed. 5 10 Chief Inspector may designate assistant in inquiry

67. At any time _before or during an inquiry the Chief Inspector 15 may designate one or more persons to assist in the inquiry or to preside at the inquiry. Inquiry to. be public 68. (1) An inquiry must be held in public. (2) Despite subsection (I) the person presiding at an inquiry 20 may of that person's own accord or at the request of a witness exclude members of the public or specific persons .·or categories of persons from attending the proceedings or . part of the proceedings when the proper conduct. of the inquiry requires. (3) . The person presiding at an inquiry may make any order · · · necessary to ensure that employees at the mine and members of the public have access to the premises in which the inquiry is held. Right to participate in inquiry

69. The persons listed in this section may participate in an inquiry and, either personally or through a representative, may put questions to witnesses and inspect any book, plan, record or other document or item presented at the inquiry. The persons entitled to participate are - 25 30 35 64 No: 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 Inspectorate of Mine Health and Safety s70.71 (a) any person who has a material interest in the inquiry; (b) a representative of any registered trade union with members at the mine in respect of which the inquiry is being held; and (c) ·a health and safety representative responsible for the 5 working place in respect of which the inquiry is being held. Powers of person presi~ing at inquiry 70. ~e person pr~siding· at an inquiry may - (a) . instruct or summon any person to appear at any 10 specified time and place; (b) question any person :under oath or affirmation; (c) · instruct any person - (i) to produce any book, plan, record or other document or item necessary for the purposes of the inquiry; or 15 (ii) to perform any other act in relation to this Act necessary for the purpose of the inquiry. Duty of persons summoned. or instructed 71. · (lr Subjed to subsection (2), every person giving evidence at an inquiry must answer any relevant question. 20 .(2) The law regarding a witness's privilege in a court of law applie~ equally to any person being questioned at an inquiry. (3) The person presiding at an inquiry may direct that any 25 evidence given by a person during an inquiry may not be used in any criminal or disciplinary proceedings against that person except in criminal proceedings on a charge of perjury against that person. . . . .. 71..:....1t is an offence to fail to attend an inquiry if required to do so, or to refuse to answ~rquestions, or to give false evidence: · Sees. 90, on page 74 ... GOVERNMENT GAZEITE, 14 JUNE 1996 Inspectorate of Mine Health and Safety s72-73 MINE HEALTH AND SAFETY ACT, 1996 No. 17242 65 Act No. 29, 1996 (4) When a directive has been issued under subsection (3), the person involved is not entitled to refuse to answer any relevant question only on the grounds that the answer could expose that person to a criminal charge . . (5) A person instructed in tenns of section 70(c) must comply . with that instruction unless the person has sufficient cause . for not doing so. . , 5 Inquiry records and reports 72. ( 1) A person presiding at an inquiry must - . , ' '(a) record the evidence given at the inquiry, including any 10 evidence given with the assistance of an interpreter; . ' (b) at the conclusion ;of the inquiry, prepare a written report of the findings, recommendations and any ' remedial steps; (c). submit a copy o(tlte report and the record of the 15 inquiry to the· Chief Inspector, (d) supply a copy of the report and the record of the inquiry to the manager and to any health and safety representative, health and safety committee or registered trade union that requested the inquiry; and 20 (e) on request, supply a copy of the report and the record of the inquiry to any person who has a material interest in the inquiry. (2) An inspector may instruct the manager of the mine concerned to prominently and conspicuously display a copy of the report or any portion of it for employees to read. (3) The Chief Inspector may submit a copy of the report to the appropriate Attorney-General. Chief Inspector may order further inquiry

73. Upon considering the evidence and the report referred to in section 72, the Chief Inspector may require that the matter be inquired into further. 25 30 66 No. 17242 Act No. 29,1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 Inspectorate of Mine Health and Safety s74 Inquiry and inquest may be conducted jointly 7 4( 1 )-The Inquests Act 74. (1) An inquiry in terms of this Act into the death of a person provides for the holding of · inquests in cases of deaths apparently occurring from unnatural causes. may be held jointly with an inquest in terms of the Inquests Act, 1959 (Act No. 58 of 1959). · (2)· The judicial officer contemplated in the Inquests Act, 1959 (Act No. 58 of 1959), must preside at a joint inquiry referred to in subsection (1) and the person instructed to hold the inquiry in terms of this Act must be deemed to be an assessor appointed in terms of the Inquests Act, 1959. (3) The provisions of the Inquests Act, 1959 (Act No. 58 of 1959), ~pply to a joint inquiry . ' (4) . The assessor referred to in subsection (2) must - ' • ! • (a) prepare a report contemplatedin section 72(1)(b); and (b) _submit the report and the record of the joint inquiry to the c;hief Inspector. 5 10 15 GOVERNMENT GAZETIE, 14 JUNE 1996 MINE HEALTII AND SAFETY ACf, 1996 No. 17242 67 Act No. 29, 1996 Minister's Powers s75-76 CHAPTER 6 MINISTER'S POWERS ,. Minister may prohibit or restrict work . , ·.. 75. (1) For any reason relating to health or safety, the Minister, by notice in the Gazette, may prohibit or restrict any work or . any exposure of a person to a substance or an · environmental condition; if -· ·.· ·. . ' ' . (a). th_e Minister h~s consulted the Council on the .. · prohibition or restriction; and · . . . t.'- ·_; · ; ' _. , . • . (b) unless the Minister believes that the public interest -. requ'ires the notice. to be published immediately, the ···Minister has ·_·· (i) published a draft of the proposed notice at least three months previously; and .. · . . . (ii) at that time invited interested persons to submit comments and representations concerning the prC?posed notice within a specified period . .... _ (2) The Minister may attach any conditions to a prohibition or · res.i:riction by. specifying them in the published notice. 5 10 15 (3) The Minister, after consulting the Council, may amend or 20 . withdraw a no~ce under subsection (1) at any time. Ministe.r may declare health hazards 76. (1) The Minister;by notice in the Gazette, may declare that an environmental condition or' a substance present at a mine is a health hazard to employees who are or may be exposed to. that condition or .substance, if-· 25 (a) the Minister has consulted the .Council on the issuing . of the declaration; and . _ ' (b) unless the Minister believes that the public interest . requires the notice to be published immediately, the 30 68 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 Minister's Powers 577·78 · Minister has - . ; (i) published a draft of the proposed notice at least three months previously; and ~ . . . . .. r ; ·:. . " (ii) at that time invited interested persons to submit comments and representations concerning the 5 ,, . . 1.: ' I ' ·. . proposed notice within a specified period. ~ . . .. (2) . In connection with any health hazard, the Minister, after consulting the Council, by notice in the Gazette, may - . , . (a) _impose conditions on the performance of work by empioyees exposed to the health hazard; 10 -:i: (b) stipulate the standards of fitness for an employee to perform work involving exposure to the health hazard; · .. (c) require managers to take measures to eliminate, control. and minimise health risks associated with the health hazard; 15 . (d) require managers to conduct specified occupational hygiene. measurements; ( e J requ~e managers to conduct specified medical surveillance in respect of employees exposed to the health hazard; and (j) provide for any other matter that the Minister con~iders necessary to protect employees exposed to the health hazard. · Appl~~ation ·of Minister'~ .notice 25

77. A notice_under either section 75 or 76 may differentiate between' mines, types of mines, parts of a mine, occupations and types of work. Exemption from Minister's notice 78. (1) · A notice under either section 75 or 76 may exempt a 30 particular person or group of persons from compliance with that notice if the Minister is satisfied that any of the GOVERNMENT GAZETIE, 14 JUJI.'E 19% MINE HEALTH AND SAFETY ACT, 1996 No; 17242 69 Act No. 29, 1996 Minister's Powers s79."' · · , ' following conditions exists ;_:_ '· : ' · (a) · in the circumstances the exemption is desirable; . - (b) the, performance of the work by that person or group · .· · of persons is temporary; or ·. . ' ' ::: ; the risk to which that person or group of persons is . . .. . exposed is negligible. · 5 ' . (c) (2) The Minister, after consulting the Council, may cancel an : · ,. exemption granted under subsection (1) at any time. Exemption from all or part of this Act 79. (1) The manager of a mine may request an exemption from 10 the Minister, and if satisfied that the manager has consulted appropriately with the affected employees or their representatives, the Minister may exempt the manager from any or all the provisions of this Act or from a notice or instruction issued under this Act.' An exemption may be- (a) general or particular; (b) for any period; and (c) on any conditions that provide the same overall protection which would result from the full application of this Act. (2) When an exemption is granted under subsection (1), the Minister must issue a certificate of exemption to the manager, specifying the scope, period and conditions of the exemption. · (3) The Minister may amend or withdraw a certificate of exemption at any time. 15 20 25 (4) The manager must prominently and conspicuously display any exemption granted, or deemed to have been granted, under this section to the employees to read. 30 70 No. 17242 Act No. 29, 1996 MINE HEAL1H AND SAFETY ACT, 1996 GOVERNMENT GAZEITE, 14 JUNE 1996 Minister's Powers s80-81 Minister may apply other laws to mine 80(1)-The Occupational Health and Safety_ Act provides for the health and safety of persons at work and for the establishment of an advisory council for occupational health and safety. . : 80. (1) After consulting the Council, the Minister, by notice in the Gazette, may declare that any provision of the Occupational Health and Safety Act, 1993 (Act No. 181 of 1993 ), or any regulation made under that Act, or the provisions of any other Act or regulations, must apply to a mme; (2) . A declaration in terms of subsection (1) may differentiate between mines, types of mines, parts of a mine, occupations and types of work. Minister to table annual report 81. . (l) . Within 30 days of receiving the annual report of the Chief Inspector, the Minister must table it in Parliament. (2) If Parliament is not in session at the end of the period · · referred to in subsection (1), the Minister must table the report within 14 days of the beginning of the next session of Parliament. 5 10 15 GOVERNMENT GAZE1TE, 14 JUNE 1996 Legal Proceedings and Offences s82-B3 MINE HEALTII AND SAFETY Acr; 1996 No. 17242 71 Act No. 29, 1996 CHAPTER 7 LEGAL PROCEEDINGS AND OFFENCES Jurisdiction of Labour Court 82. (1) The Labour Court has exclusive jurisdiction to determine· any dispute about the interpretation or application of any provision of this Act except where this Act provides othetwise. 5 (2) The Labour Court ha_s no jurisdiction in respect of offences in terms of this Act. No discrimination against employees who exercise rights 10 83. (1) No person may discriminate against any employee for- . (a) exercising a right in terms of this Act or in terms of a collective agreement contemplated in this Act; (b) doing anything that the employee is entitled to do in terms of this Act orin terms of a collective agreement contemplated in this Act; . . . . 15 . (c) refusing to do anything that · the employee is entitled to refuse to do in terms of this Act or in terms of a . collective agreeme_nt c~ntemplated in this Act; . ~ ' . ' ' ; l ' (d) refusing to do anything that the employee is prohibited from doing in. terms of this Act or in terms of a . , co!lective agreem~_nt contemplated in this Act; and 20 . . (e) · standing for election, or performing any function, as a health and safety representative or a member of a . health'and safety committee: (2) · For the purposes of this section -. (a) .. ~iscrintinate;, ineans to dismiss an employee or to engage in any other conduct which has the effect of prejudicing or disadvantaging the employee, or which prejudices or disadvantages the employee relative to other employees; a'nd · 25 30 72 No: 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACf, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 legal Proceedings and Offences s84-86 . ·(b)' "employee" includes any applicant for employment who has previously been employed at a mine. ,. Safety equipment not to be interfered with '· .. 84(1 }-Section 50, beginning on page 54,· · outlines the inspector's powers which includes entering any mining area and questioning persons and examining documents, and machinery.

84. Unless specifically authorised by the manager, no person - (a) other than an inspector acting in terms of section 50, may remove personal protective equipment from a mine, or cause that equipment to be removed; (b)-· other than an inspector acting in terms of section 50, may remove anything that is provided in the interest of health or safety, or cause that equipment to be removed; or (c) may alter, damage, misuse, render ineffective or interfere with anything that is provided in the interest · ·of health or safety, or cause that equipment to be altered, ·damaged, misused, rendered ineffective or interfered with. 5 10 15 Juvenile employment underground prohibited . . . ' . 85._ (1~ No person may cause or permit an employee under the age '?f 18 years to work underground at a mine. . . ~ ' ~ • i • ~ .. ·, : j: . ·: ·' · .r (2) · No. employee. under the age of 18 years may work 20 underground _at~ mine. ~ ~-- _; ~- ~·~ -. ·_, . • J · . c3> · Despite. sub~ections c 1) and (2), an employee unde~ the age of 18. years' but over the age of 16 years may work underground as part of vocational education or training. . , : : . I ' . . 1 • j ~ , . Negligent ~ct or._ omission 86. ( 1) Any person who, by a negligent act or by a negligent . ;· " " ! . ' ~mission, 'e~da~gers ihe he.alth or safety of a person at a mine or causes serious injury to a person at a mine, '.. commits all offence. . ' I • ' • • (2). Anqwner or a ;nanager must be convicted of an offence in terms of subsectioi:t (I) if the State proves that- . ' · ·: . -· ·. \-, ·' . ' 25 30 GOVERNMENTGAZETIE, 14 JUNE 1996 Legal Proceedings and Offences s87-88 MINE HEALTH AND SAFETY ACT, 1996 No. 17242 73 Act No. 29, 1996 (a) the health or safety of a person at the mine was endangered or that a person was seriously injured at the mine; (b) the working environment at the mine was not safe and was not without risk to the health of employees; and 5 ·(c) the·danger or injury was due, either wholly or partly, to the condi~on of the working environment at the mine. (3) Despite subsection (2), the owner or manager may not be ··so convicted if it is proved that the owner or manager did what was reasonably practicable to provide and maintain a working environment at the mine that was safe and without risk to the health of employees. 10 ' Breach of confidence : 87. · (1) Any person who discloses any information that they 15 acquired in the performance of a function in terms of this · Act and that relates to the financial and business affairs of an owner or employer, commits an offence . . (2) · Subsection (1) does not apply if the information- . ·. (a) was disclosed toenable a person to perform a. 20 function in terms of this Act; • (b) must be disclosed in terms of this Act, any other law ·• or an order of court; or (c) was disclosed to a health and safety representative or · health and safety committee in terms of Chapter 3. 25 Hindering administration of this Act

88. Any person who hinders, opposes, obstructs or unduly · ·· influences any person who is performing a function in terms of this Act commits an offence. 74 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACT. 1996 GOVERNMENT GAZETIE. 141UNE 1996 Legal Proceedings and Offences . s89-91 Falsifying documents

89. Any person who obtains or attempts to obtain a prescribed certificate of competency by means of fraud, dishonesty, false pretences or the presentation or submission of a false or forged , document commits an offence. 5 Failure to attend when summoned

90. A person commits an offence who, having been instructed or summoned to attend an inquiry - i ~ . (a) without. sufficient cause fails - · ·. (i) to appear at the time and place specified; or 10 (ii) to remain in attendance until excused by the person presiding at the inquiry; (b) attends as required, but without sufficient cause - (i) fails to comply with an instruction in terms of . section· 70( c )(i); or (ii) refuses. to. be sworn or to make an affirmation; or (c) attends as required and having been sworn or having made an affirmation- (i) _without sufficient cause fails to answer any ,, .. question fully and to the ~est of that person's ability; or · . · (ii) gives evidence, knowing or believing it to be 15 20 false. '· .. · 90(b)(i)-Section 70(c)(i), on page 64, empowers a person presiding at an inquiry to instruct anyone to · produce a document for the purposes of the inquiry. Failure to comply with this Act . . _!; ., '· '• . 91 . .. (1) Any person commits an offence who contravenes, or fails 25 to comply with.-. (a) a provision of this Act; (b) a regulation made under this Act; or GOVERNMENT GAZETTE, 141UNE 1996 Legal Proceedings and Offences s92 MINE HEALTI-1 AND SAFETY ACT, 1996 No. 17242 7S Act No. 29, 1996 91 (2)--Chapter 3 deals with health and safety represe-ntatives and · - committees. (c) any condition, suspension, notice, order, instruction, prohibition, authorisation, permission, consent, · exemption, .certificate or document determined, given, issued, promulgated or granted by or under this Act by the Minister, Chief Inspector, inspector or any other person authorised under this Act. .. (2) Despite subsection (l)(a)/a contravention of the provisions . : :_·:··_of Chapter 3 or secti~n 83 _d?es not constitute an offence. (3} A pers<?ii appoirifed.unde~ _section 4(1) to perform any ·function entrusted to an owner by this Act commits an offence if that person fails to. exercise reasonable care in performing that function. : _ 5 10 Penalties· 92. ( 1) Any person convicted of an offence in terms of section 87, may be-sentenced to a fine or-to imprisonment to be determined by the court: -: . . . 15 : (2) Any person convicted of ari offence in terms of section 90(a) or (b)(i), may be sentenced to the penalty applicable to a similar offence in a magistrate's court. (3) Any person convicted of an offence in terms of section 90(c)(ii), maybe sentenced:to any penalty that may be imposed in __ law _for perju_ri 20 . (4) Any person convicted of an offence in terms of this Act for which no penalty is otherwise expressly determined, may be sentenced to a· fine or to imprisonment for a period not 25 ·:- exceeding six months; .· (5) Any person conviCted ·of an offence in terms of any section nientio~ed in Column 1 of the Table below, may be sentenced to a fine or to imprisonment for a period not exceeding the period mentioned in Column 2 of that Table opposite the number of that section. · 30 76 No. 17242 Act No. 29, 1996 MINE HEALlli AND SAFETY ACT, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 Legal Proceedings and Offences s92 TABLE-MAXIMUM TERMS OF IMPRISONMENT Column 2 2 years 2_years 2 years 1_.rear 2_years 2_.rears 2_years 2_years 1 year 2 _years 1 y_ear 2 years 2_years 2 years 1 year 2 years 1_year 2 _years 1_year 2 years 1 year 2 _years 2_years 2_years 2 _y_ears 1 year 2_y_ears 2~ars Column 1 Section under which convicted Maximum tenn of imprisonment 2(1)(a) or (b) 2(2) 3(1) 4(2) 4(3) 5 6 7 8 9(2) 9(3), (4) or (5) 10 ll(l) 11(2) 11(3) 11(4)(a) 11(4)(b) 11(5)(a) · 11(5)(b) 11(5)(d) 11(8) 12 13(1), (2), (3), (4) or (6) 14 15 16(1) 17 21(1), (3} or (4) 22 24 32(2) or (3) 52 53 54(1) 55(1) 62 66(4) 70 71 84 85 86 88 89 90(b)(ii) or (c)(i) 2~ars 2 years 2 years 2_years 2_y_ears 2_years 2_years 2 years 2 years 1 year 3 _years 2 _1_ears I _year 2 years l~ar 1 _year 2~ars 5 10 15 20 25 30 35 40 45 GOVERNMENT GAZETTE. 14 JUNE 1996 Legal Proceedings and Offences s93-95 MINE HEALTH AND SAFETY ACI', 1996 · No. 17242 77 Act No. 29, 1996 Magistrate's court has jurisdiction to impose penalties 93 •. Despite. anything to the contrary contained in any other law, a · magistrate's court· has jurisdiction to impose any penalty provided for in this Act .. _Serving of documents 94. Unless otherwise provided in this Act, a notice, order or other document which, in tenns of this Act, must be served on or delivered to a person, will have been properly served or delivered if it has been either- (a) served on or delivered to that person; or (b) sent by registered post to that person's last known address; or · · ' ' (C) published in the Gazette. Proof of facts 95~ In any legal proceedings in tenns of this Act - (a) .· i{ it is alleged that a person at a mine is or was an employee, that person is presumed to be an employee at that mine, unless the contrary is proved; '(b)" if it is proved that .a fals~ state~~nt, entry or information ·appears in or on a book, plan, record or other document, . · the person· who kept that document is presumed to have made, entered, recorded or stored that statement, entry, record 'or information, u'nless the contrary is proved; and . (c) subject to the provisions of sections 63(1), 63(3) and , 71(2), any statement, entry or information in or on any book, plan, record or other document is admissible in evidence as an admission of the facts in or on it by the · person who made, entered, recorded or stored it unless it is proved that that persori did not make, enter, record or ·store it within the scope of their functions. . .. · 5 1 o 15 20 25 30 95(c)-Section 63(1), on page 61, provides that every answer given in an investigation is privileged. 95(c)-Section 63(3), on page 61, provides that a . report that an inspector has . directed to be pri'-:ileged .· may not be used in any civil, criminal or disciplinary proceedings; inquests or inquiries: 95(c}-Section 71 (2), on page 64, provides that a witness's privilege in a cou~ of law applies equally to any person being ; questioned at an inquiry. · 78 No. 17242 Ad No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 General Provisions s96-97 . . CHAPTER 8 .GENERAL PROVISIONS Delegation and· exercise of power •' 96. (1) The Minisrer-~ay,delegateany power conferred upon the ·Minister by or ·under this Act, except the power to make regulations, to the Chief Inspector. 5 (2) The Chief Inspector may. delegate any power or assign the perf~rmance of any duty conferred or imposed upon the Chief Inspector by or under this Act to- (a) any inspector, or (b) any other person with appropriate knowledge and experience who is under the control of the Chief Inspector. (3) A delegation or. assignment under subsection (1) or (2) . ·- must be in writing, and may be subject to any conditions or ·restrictions determined by the Minister or Chief In~p~cior, as the _case . may be . . . . . t - ' • t . - : · (4) A delegation under,subsection (1) or (2) does not prevent. the exercise ofthat . pow~r by the Minister or Chief Inspector, as ti.te ·case may be. Minist~r's ·power ta··add and change Schedules · -· . • • l ' 97~ · (1) The Minister, after consulting the Council, by notice in the ·Gazette rriay add to, change or replace· any Schedule to this Act other than Schedules 2, 3 and, subject to subsection · (5), Schedule 4·. . ;_{2) The Minister, after consulting the Council, by notice in the Gazette may add to this Act a further Schedule containing · matters in respect of which health and safety committees may consult. (3) The Minister, after consulting the Council, by notice in the Gazette may add to this Act a further Schedule containing the constitution of the Council and its permanent · . ·. committees. 10 15 20 25 30 GOVERNMENT GAZETIE, 14 JUNE 1996 MINE HEALTH AND SAFE1Y ACT, 1996 No. 17242 79 Act No. 29, IC)C)6 General Provisions s98 · (4) The Minister, after consulting the Council, by notice in the Gazette may add to this Act a further Schedule containing the constitution of the Mining Qualifications Authority. (5) The Minister, after consulting the Council, by notice in the · Gazette may add to Schedule 4 further items containing 5 transitional provisions necessary for the implementation of this Act. .. (6) The Minister~ after consulting the Council and in consultation with the Minister of Health, by notice in the Gazette may add to this Act a further Schedule to suspend or vary the application of the Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973), except . in relation to the determination or payment of compensation. I 0 (7) · The Minister inay add to, change or replace any page 15 header or sidenote by notice in the Government Gazette. Regulations 98. (1) The Minister, after consulting the Council, by notice in the Gazette may make' regulations regarding - (a) health and· safety of persons at mines; . . (b). health and safety standards, codes of practice and the provision of protective clothing, equipment and · · facilities in connection with health and safety at m.ines; . (c) the performance of work by employees exposed to a health hazard and the measures to eliminate, control and minimise ·health risks; (d) health and safety management systems at mines; (e) or~erly operations at mines; ~- ,- . . 20 25 (f) . the powers, duties, functions and responsibilities of 30 , employees at mines and of the owners, employers and managers; 80 No. 17242 Act No. 29; 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 General Provisions s98 (g) the issuing of permits for the use of machinery, equipment and material at mines and the accreditation ' of persons to. test machinery, equipment and material for these purposes; (h) the conditions under which machinery, equipment or material may be erected or used at mines; 5 (i) the elimination, control and minimisation of health · and safety hazards; (j) . requirements for the safe use, handling, processing, '· . storage, transport and disposal of hazardous substances used in the mining process and waste .. produced at the mine; (k) the transport, handling, storage and use of e~plosives and the mixing ofsubstances to make explosives at a mine; (l) the protection of equipment,. structures, water sources and the surface of land; 10 15 (m)'· the conditions in which equipment, structures, water sources or the surface of land may be used, and the .. ' . ·prohibition on, or restriction of, the erection of 20 equipment and structures and the use of water sources or the surface of land in the vicinity of the working places at ·a mine; (n) the making safe of undermined ground and of dangerous excavations, tailings, waste dumps, ash dumps and structures of whatever nature made in the course of prospecting or mining operations or which are connected with those operations; . ( o )_ .· the monitoring and control as contemplated in section 49(3)( a) of those environmental aspects at mines which affect, or may affect, the health and safety of employees or other persons; (p) standards of housing and nutrition of employees who are accommodated at the mine; 25 30 98(1 )(o)-Section 49(3)(a), on page 53, empowers the Chief Inspector to monitor · and control those environmental aspects at mines that affect the health and safety of employees or other persons. GOVERNMENT GAZETIE, 141UNE 1996 MINE HEALTII AND SAFETY Acr; 1996 No .. 17242 81 Act No. 29, 1996 General Provisions s98 (q) initial standards of fitness to perform work involving exposure to a health hazard, standards of fitness to continue performing such work and the conditions . under which employees may be withdrawn either temporarily or permanently from such work; . . . (r) standards of occupational hygiene measurement techniques, the frequency and manner in which measurements must be made, the manner of record keeping and reporting of occupational hygiene measurements made at mines; (s) standards of medical tests or biological monitoring .. used in medical surveillance, the persons who may carry out those tests and that monitoring, the interpretation of results of medical surveillance, the frequency for carrying out periodic medical . surveillance, the keeping of records of medical surveillance and the reporting of confidential extracts from records of medical surveillance; (t) • the manner of reporting prescribed accidents and · health matters at mines, the keeping of records and statistics in relation to accidents and health matters and the provision of emergency medical treatment after an accident or in connection with a health matter; 5 10 15 20 (u) the manner of reporting prescribed occupational 25 · diseases at mines, the keeping of records in relation to occupational diseases and the control and provision of medical services in connection with occupational diseases; (v) the form of an exit certificate and the content of medical examinations associated with an exit certificate; (w) the form of any application to be made in terms of this Act and of any consent or document required to be submitted with an application, and the information or details which must accompany an application; .. 30 35 82 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 General Provisions s98 (x) · ··· the form of any register, record, notice, sketch plan or . information to be kept, given,· published or submitted ·in terms of or for the purposes of this Act, and the ' manner in which a register, record, notice, sketch plan or information is to be kept, given, published or submitted; 5 (y) the drawing up and keeping of mine plans and the .· , submission of statistical and other reports in relation to minerals, mines and machinery; ( i:) . negoti<itions and consultations in terms of sections 26 10 and 33 and the time periods within which the . negotiations and consultations' must be completed; · (zA)qualificatiorisfor appointment as a health and safety · representa-tive, the election and terms of office of representatives, the circumstances in which a representative must vacate office, the circumstances in __ which ":l_representative may be removed from office, the manner in which vacancies may be filled, the . functions of representatives, the manner in which the functions of representatives must be conducted, the facilities and assistance that must be provided to representatives and the training of representatives; (zB)the establishment of health and safety committees, the election and appointment of members to a committee, the terms of office of members of a committee, the circumstances in which a member must vacate office, the circumstances in which a member may be removed from office, the manner in which vacancies may be filled, meetings of the committees, the rules and procedures of the committees, the facilities and assistance that nitist be provided to committees and th'e training' of the members of committees; ' · ( zC) the appointment of members to the Council in ' . accordance with the provisions of Schedule 2, the functions of the Council, the payment of allowances to members, the funding of the Council and its · · permanent committees, and any other matter the regulation of which, in the opinion of the Minister, may be necessary for the proper functioning of the Council and its committees. 15 20 25 30 35 40 GOVERNMENT GAZETTE, 14 JUNE 1996 MINE HEAL1H AND SAFETY Acr, 1996 No. 17242 83 Act No. 29, 1996 General Provisions s98 . . . ~ ( zD) the· appointment ·of members of the Mining Qualifications Authority in accordance with Schedule 2; ( zE) qualificationsfor inspectors; ; (zF) the establishment of one or more accounts with a 5 view to funding research and surveys regarding,· and · for the promotion of health and safety at mines, and · · the control of those accounts by the Chief Inspector, 98(1 )(zG)-Section 71, beginning on page 64, deals with the duty of every person summoned at an inquiry to answer any . question. ., (zG) the manner in which the presence of witnesses at inquiries must be obtained in terms of section 71, and the procedures to be followed at inquiries; , . · ( zH) procedures to be followed in respect of appeals to the Chief Inspector or Medical Inspector under this Act; ( zl) fees payable in relation to applications, appeals and documents;· 10 15 (~) the payment of levies by mines on the basis of health and safetY risk for research and surveys regarding, and for the promotion of, health and safety at mines; . . ( zK) the. ilT_lp~sition of monetary and other obligations in connection with safe-making referred to in paragraph (n) on persons who- 20 : ' (i) are or wer~ responsible for the undermining of any ground or the making of any excavations, tailings, wa~~e dumps, ash dumps or structures or for the dangerous condition of any of them; · or · '(ii)will beriefitfrom that safe-making; . . ( zL) the assumption by the State of responsibility for safe~making referred to in paragraph (n) in particular cases; · . ' 25 30 (zM)the use of plain language in documents that are required to be published, displayed or distributed in . · terms of this Act; and 84 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACT. 1996 GOVERNMENT GAZEITE, 14 JUNE 1996 General Provisions s98 (zN) any other matter the regulation of which may be . : necessary or desirable in order to achieve the objects of this Act. (2) , No regulation may be made relating to- (a) State revenue or expenditure except with the · concurrence of the Minister of Finance; (b) any health matter, except after consultation with the Minister for Health. (3) The Minister, after consultation with the Mining Qualifications Authority, by notice in the Gazette, may make regulations to provide for - 5 10 (a) the qualifications for employment in any occupation; .. ,. (b) conditions for acceptance as a candidate for examinations; (c) (d) the issuing of certificates of competency in respect of any occupation; 15 the funding of the Mining Qualifications Authority including the manner by which such funds may be raised; · (e) procedures for assessing competency; 20 (j) ·.the accreditation of assessors; . (g) the establishment of examination bodies; (h) . , the appointment of examiners and moderators; . . . . (i)' . the monitoring and administration of examinations; UJ the setting of examination fees; (k) the accreditation of providers of training; (l) . the establishment of quality assurance procedures; (m) the issue of qualifications; :(n) .the registring 'of qualifications; and (o) any other matter, the regulation of which may be necessary or desirable in order to promote the activities of the Mining Qualifications Authority. (4) Regulations made in terms of subsection (3) must be in 25 30 GOVERNMENT GAZETIE, 14 JUNE 1996 MINE HEALTH AND SAFETY ACT, 1996 No: 17242 85 Act No. 29, 1996 General Provisions s98 accordance with the National Qualifications Framework approved in terms of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995). (5) The Minister may incorporate all or part of any health and safety standard, without restating the text of it, in a regulation by referring to the number, title and year of issue of that health and safety standard or, to any other particulars by which that health and safety standard is sufficiently identified .. 5 (6) The Minister must consult the Council before incorporating 10 a health and safety standard in a regulation. (7) The Minister, after consulting the .. Council, by notice in the Gazette, may make regulations imposing any function of an owner or manager on any employer other than the owner. . . . . . (8) For the purposes of this Act, any health and safety standard referred to in subsection (5) incorporated in a regulation is deemed to be a regulation, in so far as it is · ·not repugnant. to any regulation rria~e under subsection (1). (9) Whenever a health and safety standard which has been incorporated in a regulation is subsequently amended or substituted by the competent authority, the regulation referred to in subsection (5) incorporating that health and safety standard is deemed to refer to that health and safety standard as so amended or substituted, unless a contrary intention is" stated in the notice ... ; ' (10) The Chief Inspector must keep a register of particulars of- · ~'· 15 20 25 (a) every amendment or substitution of a health and · safety standard incorporated in the regulations; · 30 (b) · the publication of any amendment or substitUtions; · (c) every publication in which a health and safety standard that has been incorporated in the regulations· under subsection (5) was published; and' · 86 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACf, 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 General Provisions s99-101 (d) the place in the Republic where each of those ·standards and publications is obtainable or otherwise available for inspection. (ll) The Chief Inspector must allow any person to inspect the register kept in terms of subsection (9) and to make an extract from it. (12) The provisions of section 31 of the Standards Act, 1993 (Act No. 29 of 1993), do not apply to any incorporation of a health and safety standard or to any amendment or substitution of a health and safety standard under this section. Amendment of Jaws . ' .

99. Each of the laws referred to in Schedule 3 is hereby amended to the extent specified in that Schedule. Transitional arrangements ,· 100~ (1) The amendment of laws referred to in Schedule 3 does not affect any transitional arrangement made in Schedule 4. (2) The transitional arrangements in Schedule 4 must be read and applied as substantive provisions of this Act. Interpretation 101. (I) . The provisions of this Act bind the State except in so far .... as criminal liability is concerned. (2) Subject to sections 26 and 33, no agreement may affect any- · (a) provision of this Act; 5 10' 15 20 25 (b) condition, notice, order, instruction, prohibition, authorisation, permission, consent, exemption, , . certificate or document determined, given, issued, . promulgated or granted by or under this Act by the Minister, Chief Inspector, inspector or any other person authorised under this Act; or 101(2)-Section 26, beginning on page 30, deals with the election and appointment of health and . · safety representatives. Section 33, beginning on , page 38, deals with the election and appointment of members of health and safety committees. GOVERNMENT GAZETTE, 14 JUNE 1996 MINE HEALTH AND SAFElY ACf, 1996 No. 17242 87 Act No. 29, 1996 General Provisions s102 (c) .. any condition contained in any exemption. (3) . Subsection (2) applies to any agreement whether entered into before or after the commencement of this Act or before or after the issuing of the documents referred to in subsection (2). · ( 4) , Any notice, order or any other document issued in good faith in terms of this Act, is valid according to its terms, despite any want of form or lack of power on the part of any person to issue or authenticate it, provided the necessary power is subsequently conferred upon that person. 5 10 Definitions ··"· :.

102. In this Act, unless the context otherwise indicates- "biological monitoring" means a planned programme of . periodic collection and analysis of body fluid, tissues, excreta or · · exhaled air in order to detect and quantify the exposure to or 15 absorption of any. substance or organism; "Chief Inspector". means the officer appointed in terms of section 48(1) and includes any officer acting in that capacity; "Commission" means the Commission for Conciliation, Mediation.and Arbitration established in terms of section 112 of the Labour Relations Act; . 20 "Council" means the Mine Health and Safety Council established by section 41(1); "Department" means the Department of Mineral and Energy Affairs; 25 "employee" means any person who is employed or working at a mine; "employer" means any person who employs employees; "engine" means any appliance or combination of appliances by which power, other than human or animal power, can be applied to do mech~nical work; 30 88 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996 GOVERNMENT GAZETIE. 14 JUNE 1996 General Provisions s102 "hazard" means a source of or exposure to danger; "health" refers· to occupational health at mines; • .· ' "health and safety committee" means a health and safety committee established in terms of section 34; "health and safety equipment" means an article or part of an article that is manufactured, provided or installed in the interest of the health or safety of any person; 5 "health and safety representative" means an employee elected and appointed in terms of section 29; "health and safety standard" means any standard, irrespective of whether or not it has the force of law, which, if applied for the purposes of this Act, will in the opinion of the Minister promote the attainment of an object of this Act; "health hazard" means ariy physical, chemical or biological hazard to health, including anything declared to be a health hazard by the Minister; "health·threatening occurrence" means any occurrence that · . ·has or may have the potential to cause serious illness or damage to health; · "healthy" means free from illness or irijury attributable to occupational causes; "inspector" means an officer appointed in terms of section 49(l)(c) and a Medical Inspector, "Labour Court" means the Labour Court established by section 151 of the Labour Relations Act; "Labour Relations Act" means the Labour Relations Act, 1995 (Act No. 66 of 1995); "machinery" means any engine, boiler or appliance or any combination of them, which is situated at a mine and used or ·: intended to be used - · (a) for generating, developing, receiving, storing, lO 15 20 25 30 GOVERNMENT GAZETIE, 14 JUNE !996 MINE HEALTII AND SAFETY ACf, 1996 No. 17242 89 Act No. 29, 1996 General Provisions s102 converting, transforming, transmitting or distributing any form of power or energy; or . (b) for conveying persons, material or minerals; "manager" means any competent person appointed in terms of section 3(1)( a); 5 "Medical Inspector" means a Medical Inspector appointed in terms of section 49(1)(b); .. "medical practitioner" means a medical practitioner as defined in the MediCal, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974); ~·medic:ll surveillan~e" means a planned progranune of periodic exrumnation,' which may include clinical examinations, biological monitoring or medical tests, of employees by an occupational health practitioner or by an occupational medical . practitionercontemplated in section 13; "mine" means, when - (a) used as a noun-- (i) any borehole, or excavation, in any tailings or in the eirrtb, including the portion of the earth that is under the sea or other water, made for the purpose of searching for or winning a · mineral, whether it is being worked or not; or (ii) any other place where a mineral deposit is being exploited, including the mining area and all buildings, structures, machinery, mine dumps, access roads or objects situated on or in that area that are used or intended to be used in connection with searching, winning, exploiting or processing of a mineral, or for health and safety purposes. But, if two or more · excavations, boreholes or places are being worked in' conjunction with one another, they . are deemed to comprise one mine, unless the Chief Inspector notifies their owner in writing that those excavations, boreholes or places comprise two or more mines; or 10 15 20 25 30 35 lll II - 90 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACT. 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 General Provisions s102 i (iii) a works; and (b) used as a verb, the making of any excavation or borehole referred to in paragraph (a)(i), or the . exploitation of any mineral deposit in any other manner, for the purpose of winning a mineral, including p~ospe'cting' ili connection with the winning of a mineral; · "mineral'~ means any substance, excluding water, but including sand, stone, rock, gravel and clay, as well as soil, other than top soil- . . . . (a), whethe~ that substance.is in solid, liquid or gaseous .•· . .. . ·form; ., ·· .. ; _-:,- (b) that occurs naturally in or on the earth, in or under - ' .· .water or in tailings; and (c): that has been fo~edby or subjected to a geological . :J . . ,·, . . . ' - 5 15 process; . :·"Minerals Act'.' means the Minerals Act, 1991 (Act No. 50 of 1991); "mining area" means the mining area as defined in section 1 of the Minerals Act; 20 "Minister" means the Minister of Mineral and Energy Affairs; . . . . ~ ~ ; "occupational-disease" means any health disorder including an occupa~onal dis~~se as contemplated by the Occupational · .Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973), : o~by the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993); "occupational health" includes occupational hygiene and ' ··' occupational medicine; "occupational health practitioner" means an occupational · · medical practitioner or a person who holds a qualification in occupational health recognised by the South Mrican Interim Nursing Council; · ''occup~tion~l hygiene" means the anticipation, recognition, ev~luation and control of conditions at the mine, that may cause illness or adverse health effects to persons; "occupational medicine., means the prevention, diagnosis and treatment of illness, injury and adverse health effects associated · . with a partic~lar type of work; 25 30 35 GOVERNMENT GAZETTE, 14 JUNE 1996 MINE HEALTII AND SAFE'IY Acr,1996 No. 17242 91 Act No. 29, 1996 General Provisions s102 "occupational medical practitioner" means a medical ··practitioner who holds a qualification in occupational medicine, . or an equivalent qualification, recognised by the Interim National Medical and Dental Council of South Africa or a . medical practitioner engaged in accordance with section 13(4); 5 . ) .. "officer" means a woman or man who has been appointed · · permanently despite the fact that such appointment may be on probation to a post contemplated in section S(l)(a) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and includes . a woman or man contemplated in section 8(l)(b) or 8(3)(c) of 10 that Act; . ·· . . · , '_! • "organism'.' means any biological entity which is capable of causing illness to persons; .. . . "owner", in relation to a mine, means - .. ~ . (a) the holder of_ a prospecting peimit or mining authorisation issued ~nder the Minerals Act; or (b) if a prospecting permit or mining authorisation does . , not exist, th~ _last person who worked the mine or that perso~'s successor in title; l . . . ' "prescribed" means prescribed by regulation; • • . ' . r , , , "processing" means the recovering, extracting, concentrating, refining, calcining, classifying, crushing, milling, screening, washing, reduction, smelting or gasification of any mineral, and "process'' has a sinular meaning; . ' . . . . : ~ : ~- i ·. : : ·, . : . . ;. ·:. "prospecting" means intentionally searching for any mineral by means that disturb any tailings or the surface of the earth, including the portion of the earth that is under the sea or under other water,' by means of excavation or drilling, but does not include mhz~ aS . a verl?; · ·:-. 15 20 25 "reasonably· practicable" means practicable having regard to- 30 (a) . the severity and scope of the hazard or risk . . . concerned; . ; ' _.··· 92 No. 17242 Act No; 29, 1996 MINE HEALTII AND SAFETY ACf. 1996 GOVERNMENT GAZETIE. 14 JUNE 1996 General Provisions s102 • (b) ·the state of knowledge reasonably available - · · concerning that hazard or risk and of any means of ... - . removing or mitigating that hazard or risk; ; • (c) the availability and suitability of means to remove or mitigate that hazard or risk; and 5 · ·· · (d) · ' · ' ' the costs and the benefits of removing or mitigating that hazard or risk; · · "record" includes information contained in or on a computer printout. tape or disc or any other computer storage medium; ; "record of medical surveillance" means a record kept in · ·. terms of section: 13(3);· · 10 "registered tradeunion'' means a trade union registered in terms of the Labour Relations Act; - "regulation" means ·a regulation made under section 98 or in force in terms of item 4 of Schedule 4; 15 "representative trade union" means a registered trade union, or two or more registered trade unions acting jointly, that have as members the maj<;>rity of employees at a mine; ' : · \ • . I "risk" means the likelihood that occupational injury or harm to persons will' occur; ' - 20 ' "safetY" means safety at mines; "serious injury" means any injury which is reportable under ·this Aer;· · ·- · -"serious iilness" means any illness resulting from occupational exposure ~at affects- the heaith of a person to the extent that it incapacitates the ·affected person from resuming that person's J10~al or similar occupation. for four days or more; 25 "standard" means any provision· occurring - (a) in a specification, compulsory specification, code of practice or standard method as defined in section 1 of the Standards Act, 1993 (Act No. 29 of 1993); or GOVERNMENT GAZETIE, 14 JUNE 1996 MINE HEALTH AND SAFETY ACf, 1996 No. 17242 93 Act No. 29, 1996 General Provisions s102 · · (b) · in any specification, code or any other directive · having standardisation as its aim and issued by an institution or organisation inside or outside the Republic.·which;whether generally or with respect to any particular article or matter· and whether internationally or in any particular country or territory, . seeks to promote standardisation; . • . "substance" includes any solid, liquid, vapour, gas or aerosol, alone or in any combination; · · · ·" "this Act" includes- : .: .·. (a) · the section numbers, but not the page headers, • · headings or sidenotes; (b) the Schedules; (c) the regulations; and 5 10 . (d). any condition to which any permit, licence, 15 pennission, consent, exemption, approval, notice, authorisation, environmental management programme or directive issued, given, granted or approved or deemed to be issued, given, granted or approved in terms of this Act; . "working place" means any place at a mine where employees travel or work; "works" means any place, excluding a mine, where any person carries out - (a) the transmitting and distributing to another consumer of any form of power from a mine, by the owner thereof, to the terminal point of bulk supply or where the supply is not in bulk, to the power supply meter on any such other consumer's 'premises; or 20 25 (b) training at any central rescue station; or 30 (c) the making, repairing, re~opening or closing of any subterranean tunnel; or 94 No. 17242 Act No. 29, 1996 MINE HEALTii AND SAFETY ACf. 1996 GOVERNMENT GAZElTE; 14 JUNE 1996 General Provisions s10~106 (d) any operations necessary or in connection with any of the operations listed in this paragraph . . ~ I ' ~ ' . . Occupational Health and. Safety Act, 1993, not applicable ... ··: . 103 •. The Occupational Health and Safety Act, 1993 (Act No. 85 of · ·· 1993), is not applicable to any matter in respect of which any 5 provision of this Act is applicable. • -, . I . ~. • • Civil liability· of State . . . . ,

104. The State does not incur any civil liability only because an officer took an action or failed to take an action that the officer ' · may take or is required to· take under or in terms of this Act, and in taking or failing to take that action the officer acted without negligence and in good faith. Act binds State

105. The provisions of this Act bind the State except in so far as ariy criminal liability is concerned. 10 15 I • ' • ·-·' ,., ' · Short title and commencement 106. (1) This Act is called the Mine Health and Safety Act, 1996. (2) This Act comes into operation on a· date fixed by the J j ; President by proclamation in the Government Gazette. GOVERNMENT GAZE'ITE. 14 JUNE 1996 ····, MINE HEALTII AND SAFElY ACf, 1996 No. 17242 95 Act No. 29, 1996 Schedule 1 - Guidelines for Determining the Number of Full-time Health and Safety Representatives -. • , , . • 1 SCHEDULE 1 : ; GUIDELINES FOR DETERMINING THE NUMBER OF FULL-TIME HEALTH AND SAFETY REPRESENTATIVES 1. Introduction " . · , . (1) This Schedule contains guidelines for determining the number of full-time health and safety representatives . . ' ~ ·. (2) This Act places the highest value ·on agreement. The parties referred to in section 26 must refer to this Schedule, using its guidelines in a manner that best suits the particular mine. 5 10 (3) If agreement is not reached, the Commissioner appointed by the Commission must refer to this Schedule, using its guidelines in a manner that best su~ts the particular mine.

2. Minimum threshold (1) There should be a full-time health and safety 15 representative in every mine that requires the use of a full-time health and safety representative, taking into account- (a) the volume, size and physical location of the mine; (b) the health and safety record of the mine; 20 (c) the number of designated working places; and (d) the objects of this Act. (2) The guidelines as to the size of the mine that should have a full-time health and safety representative is a mine with 500 employees. 25

3. Number of full-time health and safety representatives (1) The formula for determining the number of full-time health and safety representatives should take into account - (a) the nature, size and physical location of the mine; GOVERNMENT GAZE'ITE, 14 JUNE 1996 MINE HEALTII AND SAFETY ACf, 1996 No. 17242 · 96 Act No. 29, 1996 Schedule 1 - Guidelines for Determining the Number of Full-time Health and Safety Representatives , , · - , , > - (b) ·the health and safety record of the mine; (c) the number of designated working places; ·,. (d) the number of health and safety representatives; (e) the number of shafts and the number of employees at · ·· the shaft; and 5 (f) the objects of this Act. GOVERNMENT GAZETIE, 14 JUNE 1996 Schedule 2 - Nomination and Appointment of Members to Tripartite Institutions MINE HEALTII AND SAFETY ACT, 1996 No. 17242 97 Act No. 29, 1996 . :-sCHEDULE.2. NOMINATIOrfAND APPOINTMENT OF MEMBERS TO TRIPARTITE INSTITUTIONS The Minister must make the regulations referred to in sections 42(2) and 45(2) i~ ~ .. ~anner that ensures that- 5 (a) members appointed to represent employees are either- (i) all nominated by agreement between registered trade unions r~pr~senting at least 75% of employees belonging to such trade unions in the mining industry; or . . . ~ . .. ~ 10 (ii) failing agreement in terms of subparagraph (i) - ~ ' . (aa) at least half are persons nominated by a registered trade union or unions representing the majority of employees belonging to such · trade unions in the mining industry; and 15 (bb) the rest are persons nominated by registered trade unions and appointed in accordance with the significance of the trade unions concerned; ·ana - (b) . membel"S appointed to represent owners are either - 20 (i) all nominated by agreement between employers' organisations whose members employ at least 75% of . e"!ployees in the mining industry; or (ii) failing agreement in terms of subparagraph (i) - (aa) at least half are persons nominated by an 25 employers • organisation or organisations that employ the majority of the employees in the mining industry; and (bb) the rest are persons nominated by employers' organisations and appointed in accordance with the significance of the organisations concerned. 30 98 No. 17242 Act No. 29, 1996 GOVERNMENT GAZETTE, 14 JUNE 1996 MINE HEAL111 AND SAFETY ACf, 1996 . - . ~- - . Schedule 3 - Amendment of Laws GENERAL' EXPLANATORY NOTE: [ ~:- . . . ] . Word~ _in _ _bold type in square brackets indicate ·. ·. . . ' omissions from. existing enactments. Words underlined with a solid line indicate inse!1ions, in existing enactments. 5 · .. SCHEDULE 3 AMENDMENT OF LAWS A: MINERALS ACT, 1991 Amendme'nt of section 1 of Act 50 of 1991, as amended by section 1 of Act 103 of 1993 . t Section 1 of the Minerals Act, 1991 (in this Schedule referred to as the principal Act), is hereby amended - (a J by the deletion of the definitions of "certificated", "engine", "investigating officer", "machinery", "manager", "mine safety committee", "peace .. officer", "regional director", "regional mining · engine~r", "serious bodily hann" and "works"; (b) by the insertion before the definition of "Department" of the following definition: . . " 'Chief Inspector' means the Chief Inspector appointed in tenns of section 48 of the Mine Health and Safety Act, 1996;"; and 10 15 20 (c) by the insertion before the definition of "elevator" of the following . pefinition: " 'Director: Mineral Development' means any officer ·appointed in terms of section 4;". 25 GOVERNMENT GAZETI'E, 14 JUNE 1996 Schedule 3 - Amendment of Laws MINE HEALrn AND SAFETY ACT, 1996 No. 17242 99 Act No. 29, 1996 Amendment of section 2 of Act 50 of 1991, as substituted by section 2 of Act 103 of 1993 -- 2. · Section 2 ·of the principal Act is hereby amended by the deletion of subsection (2). : - Amendment of section 8 of Act 50 of 1991 . .· . . ~ ~-. -, I 3. Se~tion _ 8 of the principal Act is hereby amended by the substitl!tion for subsection (1) of the following subsection: "(I) No holder of any prospecting permit shall remove any mineral found by [him] the holder in or on land or in tailings in the course of prospecting operations, from such_ land or the hind on which such tailings are situated or dispose of any such mineral, excluding samples of any such mineral removed for tests thereon or identification or analysis thereof, except with the wi-itten consent of the holder of the right to such ffiinernl in respect of such land or tailings, and with written permission granted by the [regional director] Director: Mineral Development concerned, subject to such conditions in respect of [safety and health] optimal utilization· or rehabilitation as may be [determined_by him and] specified therein.". Amendment of section 9 of Act 50 of 1991

4. Section 9 of the principal Act is hereby amended - r , r; · ·: • , ' f ~ • · 1 : (a)_-_ .-by tl_le~ ~ubstitution for paragraph (a) of subsection (3) of · the· follo:wing paragraph: . . . . , 5 10 15 20 25 . ·,_'(a) withithe manner in which and scale on which the ~ - 'applic~u1t in'te~ds to mine the mineral concerned optimally [and safely] under such mining iu.lthorization; .. ; · ·.. ' ' "; . . (b) by the 'substitution for paragraph (c) of subsection (3) of 30 th~ following paragraph: __ "(c) that such applicant has the ability and can make the . - ·_necessary pro~ision to rrune such mineral optimally 100 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACf, 1996 GOVERNMENT GAZETIE. 14 JUNE 1996 Schedule 3 -Amendment of Laws [and safely] and to rehabilitate such disturbances of the surface; and"; (c) by the substitution for paragraph (c) of subsection (5) of the following paragraph: ... "(c) particulars about the manner in which and scale on 5 which the applicant intends to mine such mineral under such mining authorization optimally [and safely] and to rehabilitate disturbances of the surface which may be caused by [his] the intended mining operations;"; (d) by the deletion of the word "and" at the end of paragraph "(d) of subsection (5) and by the substitution for paragraph .· (e) of that subsection of the following paragraph: "(e) particulars about the applicant's ability to make the necessary provision to mine such mineral optimally [and safely] and to rehabilitate such disturbances of the surface· and"· ·-. 15 '(e) by the addition to' subsection (5) of the following · paragraph:_ · ·"(f) Qarticulars about the aQQlicant's ability to mine in a 20 healthy and safe manner,"; and . . i . (j) by the addition of the following subsections: "7 The Director: Mineral Develo ment shall consult as to the issuing of a mining authorisation with the Chief Inspector, and· no inining authorisation may be issued unless the Chief Inspector is satisfied that the applicant has the ability and can make the necessary provision to mine in a healthy and safe manner . 25 (8) . Subsection (7) shall apply mutatis mutandis in relation to the issuing of a prospecting permit in terms of section 6 or a Qermission in terms of section 8. ". 30 Amendment of section 12 of Act 50 of 1991 · S. Section 12 of the prinCipal Act is hereby amended by the :addition of the following subsection, the existing section becoming subsection (1): GOVERNMENT GAZETTE, 14 JUNE 1996 Schedule 3- Amendment of Laws MINE HEALTH AND SAFETY ACf, 1996 No. 17242 101 Act No. 29, 1996 " 2 · · Before issuin a certificate referred to in subsection (1), the Director: Mineral Development · shall consult with the Chief Inspector in that regard, and no such certificate shall be issued if the Chief Inspector is of opinion that the provisions of the Mine Health and Safety Act, 1996, have not been complied with by the holder · referred to in subsection (1).". 5 Substitution of section 15 of Act 50 of 1991 6. · Section 15 of the principal Act is hereby substituted for the to following section: . "Restriction on issuing of more than one prospecting permit or mining authorization in respect of same mineral and land 15. No prospecting permit or mining authorization shall be issued in respect of any mineral in respect of land or tailings, as the case may be, if a prospecting permit or mining authorization has already been issued in respect of such mineral and land. or tailings, as the case may be, unless the [regional director] Director: Mineral Development is satisfied that such first-mentioned issuing will not detrimentally affect the object of this Act in relation to optimal exploitation of minerals [safety, health] or rehabilitation.". Amendment of section 25 of Act 50 of 1991 . 7. Section 25 of the-principal Act is hereby amended by the substitution .. for subsection (2) of the following subsection: "(2) The Manager of a mine [or works] may search or cause to be searched any person employed at such mine [or works] for p~ssession of any mineral in respect of which the ·possession has been prohibited under subsection (1).". 15 20 25 30 102 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACI', 1996 GOVERNMENT GAZETI'E, 14 JUNE 1996 Schedule 3 - Amendment of Laws Rep~al of _sections 26 to 37_ of Act 50 of 1991

8. Sections: 26 to 37 of the principal Act are hereby repealed. - , ' . Amendment of section 39 of Act 50 of 1991 . ~ ; '

9. Section 39 of the principal Act is hereby amended by the . substitution in subsection (3) of the words following upon paragraph (c) of the following words: ,_ - - "he or she shall consult as to that with the Chief Inspector and each department charged with the administration of any law which relates to any matter affecting the environment.". 5 10 Amendment of section 41 of Act 50 of 1991

10. Section 41 of the principal Act is hereby amended by the · • substitution for subsection (1) of the following subsection: "(lr The [regional director] Director: Mineral Development may issue directives and determine conditions in relation to the use of the surface of 15 ' . land comprising the subject of any prospecting permit or mining authorization [or upon which a ·works is situated] in order to limit any damage to or, the disturbance of the surface, vegetation, environment or water sources to the minimum which is necessary for any prospecting or mining operations or processing of any mineral: Provided · that 'such ·rurectives and conditions shall not be construed as placing the .holder of any such · · prospecting permit or mining authorization [or the · owner ofsudi 'works, as the case may be], in a better position vis-a-vis the owner of such land in • relation to the use of the surface thereof.". Arrie.ndment of section 51 of Act 50 of 1991, as amended by section 20 of Act 1 03 of 1993 . · . ·-. - ,_. • ..' . . ·. -, ·t ' • • , ' - .

11. Section 51 of the principal Act is hereby amended - (a) by the substitution for paragraph (b) of subsection (2) of the following paragraph: 20 25 30 GOVERNMENT GAZETrE, 14 JUNE 1996 Schedule 3- Amendment of Laws MINE HEAL1H AND SAFElY ACf, 1996 No. 17242 103 Act No. 29, 1996 "(b) question any person and take a statement from [him] such person, in which case section [29(4)] 53C(4) . . ; ·. . . shall be applicable. mutatis mutandis;"; and (b) by the deletion of paragraph (d) of subsection (2). '.:": . . . Insertion of sections 53A, 538 and 53C in Act 50 of 1991 .

13. Section 54 of the principal Act is hereby amended by the substitution for subsection ( 1) of the following subsection: 108 No. 17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACT; 1996 GOVERNMENT GAZETIE, 14 JUNE 1996 Schedule 3 - Amendment of Laws --- - \: :.:.-."(l)The holder of or applicant for any prospecting pennit or mining authorization [or the owner of a works] shall, at least 14 days before he or she commences with any ·operations under any such a permit or authorization [or at • a works] or intends to cease such operations temporarily or permanently, notify the [regional director] Director: · Mineral Development' concerned and the Chief Inspector in · · .· ; ~ ·~ · writing of ·any. such intended commencement or cessation, ! . ' · ••.. ; ~-·and provide particulars in connection with the location, ~- ··nature and extent of such operations.". Amendment of section 60 ·of Act 50 of 1993 . • ·,_, _·' ~ I ' . .,. - ; ·•. ~. ( 14 •. Section 60 of the principal Act is hereby amended- '· .... .' : _ · .: (a) ·by the _substitution for subsection (1) of the following .·, :. subsection: : . · :· .. . ''(1) Any person who contravenes or fails to comply with~· · · , . . (a) any provision of- 5 10 15 . (i) ·section 5(2), 8(1), [31(1), (3) or (4), 31(a)] . ·· 38(1), 39(1), 40, 41(2), 42(5), 52 or 54; · (ii) section 7(1) [31(5), 33(1) or 34(1)]; 20 '(iii) section 19(1) or (2), [29(4)(b), 30(b), (c), (d), .: · (e) or(/)] 38(2)(a), 53C(4)(b), 53D(b), (c), (d), (e) ·or W [58] or 59; . . . (iv) [section 35(1) or 36] . • : . (v) [section 32(1) or (2) or 34(3)] J ~ .. ~ ·: ~ , J ,. • • ' (vi) [section 37(b)] ;-, .: (vii)_ [section 29(4)(c)] 53C(4)(c); or 25 (viii) . [section 30(a)] 53D(a); or . -· ~ . •. ; ;:. : . - - ' .- ' .. . . -.. . ' . • . : (b) any provision of - . . ~ , ~ ·' . . (i) any direction, notice, suspension, order, instruction or condition issued, given or determined under section 22(1), 23(1), [27(1) or (5), 33(2), 34(2) or] 38(2)(b) or 53A(l); 30 GOVERNMENT GAZETTE, 14 JUNE 1996 Schedule 3 -Amendment of Laws MINE HEALllf AND SAFETY ACT, 1996 No. 17242 109 Act No. 29, 1996 (ii) any requestreferred to in section 51(3); or , ; .. ·:.· . (iii) any notice issued under section 25(1), ' - shall be guilty of an offence."; and ;; · · (b) by ~ the substitution for subsection 2 of the following ' subsection: ·. ·-·, · ' . ~ .. : "(2)Any.person who contravenes or fails to comply with a provision of this Act, a regulation or any condition, . notice~~ order, instruction, prohibition, authorization, permission, consent, exemption, certificate or document determined,_ given, issued, promulgated or : ~granted by or ·under this Act by the Director-General, [the Government Mining Engineer, a regional : dirt:ctoi; a regional nlining-engineer] a Director: ·. ·Mineral Development or any other officer in the serviCe of the Department duly authorized thereto ex officio or by the Director-General shall, if any such contravention or failure is not declared an offence _. t '··. ... .. ' .. -· ' • :. • ' . ' l .. - ' .. ~ " .• - • . . " elsewhere; be guilty ohm offence." . 5 10 15 . Amendment of section 61 ofAct ·so ·of 1991, as amended by section 22 ofAct 103.of 1993 · 20 ·1s. Section· 61 · of the prlnCi pal· Act i~ ·hereby amended by the · · ··deletion of paragraphs (d), (e) and (f) of subsection (1) . ,•.: , .. ' , · . · I · · . ' . ' ' .' ·'; - 0 ' : • : • • •• ' ·: • I ' • -. • ._ ' ~ · ·. : : • f •; .. ,·· ':' ~ ·: . Amendrru:!nt'ors·ection 63 of Act so of 1991, as amended : by section 2-4 of-Act .1 03 of 1993' .· ,• ·. r- ' .. ; ; :., ·, . ~ -_, .· ' .. . :' . ; ! . ; ; ~ ·. . ::

12. The following s~ctioris are hereby inserted after section 53: . '~Orders, suspension~ and. instructions . . . 53 A. 1 If ari officer authorised b the Director-General is of the opinion that any contravention or suspected contraveri~iori of or any failure to comply with any · provision of this Act or any condition to which any .. authoriz~tion, exemption, environmental management · · programme .or permission granted or approved in terms of this Act, is subject, occurs at any mine or place presumed to be a mine, such officer may- . (a) .. order'the owner, manager or any official, . . . employee or agent of such mine or place to take · , · irrlrn.ediate rectifying steps; or · . (b) order that the operations at such mine or place or part thereof be suspended, a~d ·give .. such.instructions in connection therewith as he or she.may deem desirable. . . . ~ . ' (2) Any order referred to in subsection (l)(b) shall be . confirm.ed or set aside by the Director: Mineral ·; Development, who ·shall notify the owner or manager . of the min~ or presumptive mine concerned in writing of his or. ~er decision as soon as practicable. s 10 15 20 25 (3) . Any order given under subsection (l)(b) shall take effect from the time fixed by the officer concerned and .. shall remain in force until set aside by the Director: · Mining Development or until the instructions of the 30 ~fficer hav~ been complied with. 104 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACf, 1996 GOVERNMENT GAZETIE, 141UNE 1996 Schedule 3 -Amendment of Laws Inquiries 53B. (1) If any. contravention or suspected contravention of or any failure or suspected failure to comply with any provision of this ACt occurs at any mine or place presumed to be a mine, an inquiry may be held into any such matter by an officer designated by the Director-General. (2) The Director-General may, either before the co~encement or at any stage of an inquiry held in terms of subsection (1) or (4) designate one or more · other officers to assist in the holding of such inquiry · and ~ay designate ari officer to preside at such inquiry. (~) Any investigating officer holding an inquiry into any matter in terms of this section shall, if necessary with the · assistance of an interpreter, take down or record by mechanical means the evidence given thereat and submit a written copy thereof with a report thereon to the Director: Mineral Development, who shall trarismit it to the Director-General, unless otherwise directed by the latter. . . (4) Upon consideration of the evidence and report referred to in subsection (3) the Director-General may requiie that the matter concerned be inquired into further.· 5 10 15 20 25 Attendance and ex~ination of witnesses at inquiry 53C. (1) An investigating officer holding an inquiry in terms of section 53B(l) or (4) into any matter or who is to preside or is presiding at such inquiry may, for the purposes of such inquiry - 30 (a) director summon any person to appear before him or her at such time and place as may be determined by him or her; or (b) order any person present at the place where such inquiry is being held - 3 5 GOVERNMENT GAZETTE, 14 JUNE 1996 Schedule 3 - Amendment of Laws MINE HEALTII AND SAFETY Acr, 1996 No. 17242 105 Act No. 29, 1996 (i) to give evidence thereat; (ii) to produce any document or thing which he or she may deem necessary for the proper disposal of such inquiry; or · (iii) to perform any other act in relation to this 5 Act which he or she may direct. (2) (a) If any person has reason to believe tll~t he or she may be held liable for any matt~r which shrul or may be inquired into in terms of section 53B(l) or (4), he or she shall hav~ the right, but is, subject to subsection (1), not compelled, to be present at any such inquiry aq~ to be assisted or represented by another person. (b) If at any inquiry held in terms of section 53B(l) or (4) evidence has been or is being given from . which any person may reasonably infer that he . or. she may be charged with contravening any provision of this Act or failing to comply therewith or may be held responsible in any manne~ for the matter comprising the subject of such inquiry, he or she shall have the right, but is not compelled, to give evidence and, either per~onally or through a representative - 10 15 20 (i) to be heard; (ii) to call any witness or to request the 25 investigating officer to direct or summon any witness on his or her behalf, either to give evidence thereat or to produce any document or thing; (iii) to cross-examine anybody giving evidence 30 at such inquiry; and (iv) to peruse any document which has been .. presented as evidence . (3) Any person who satisfies an investigating officer that he or she has a material interest in any inquiry held in terms of section 53B(l) or (4) may, either personally or through a representative, put such questions as the investigating officer may consider relevant to such inquiry, to a witness giving evidence thereat. 35 106 Jllo. 17242 Act Jllo. 29, 1996 MINE HEALTII AND SAFETY ACf, 1996 GOVERNMEJIIT GAZETTE, 14 JUJIIE 1996 Schedule 3 - Amendment of Laws . (4) (a) Ariy investigating officer may, at any inquiry held in terms of section 53B(l) or (4), administer an oath which is normally administered to a witness in a court of law, to any witness before giving evidence or, if objecting to taking such oath, he or she may make an affirmation, and such affirmation shall have the same legal force and effect as such oath. 5 (b) No person called as a witness at any inquiry held to in terms of section 53B(l) or (4) shall, when he · · ·or she is requested thereto, refuse or fail to take '·an oath or, if he or she objects thereto, to make :an affirmation. 111 (c) No person to whom an oath referred to in 15 paragraph (a) has been administered or who has inade an affirmation so referred to, shall give ' ' evidence knowing it to be false or make a '. · statement under oath or affirmation which is contrary to any statement which that person made . under oath or affirmation on a previous occasion. 20 , (5(' Any. 'w!tness at any inquiry held in terms of section 53B(l) or (4) shall have the same privileges in ·· relation to the answering of questions or the production of documents or things as such witness . would have had under the same circumstances if the witness had been summoned as such before a court of - law.· (6) (a) (b) Any inquiry or any part thereof held in terms of section 53B(l) or (4) shall, in so far as it is in the opinion of the investigating officer practically possible or desirable, be held in public. The investigating officer may decide whether any witness who has to give evidence or has given · evidence at any inquiry referred to in paragraph (a), shall be present whilst other witnesses are giving their evidence thereat. ' . . 25 30 35 GOVERNMENT GAZETI"a 14 JUNE 1996 Schedule 3 - Amendment of Laws MINE HEALTII AND SAFETY ACI', 1996 No. 17242 107 Act No; 29, 1996 Obstruction of inquiry or investigating officer or failure to · render assistance · 53 D •.. · No person shall. in relation to any inquiry held in terms ·.. of section 53B(l) or (4)- (a) , without reasonable justification fail to comply with . ' : any direction, summons or order issued or given . , under section 53C(l) or by virtue of a request under ~ection 53C(2)(b)(ii); (b) refus~ or fail.to answer ~o the best of his or her knowledge any question lawfully put to him or her by or with the concurrence of the investigating officer. Provided that no person shall be obliged to . answer any question whereby that person may incriminate himself or herself; 5 10 (ci hi any ·manner whatsoever advise, encourage, incite, 15 order or persuade any person who has been directed, summoned or ordered under section 53C(l). or by virtue of a request under section .53C(2)(b)(ii), not to comply with such direction, summons or order or in any manner prevent him or her from doing so; (d) refuse or fail, when required thereto by the . investigating officer, to furnish him or her with the means or to render him or her the necessary . ' assistance for holding such inquiry; .: · .. . (e) refuse or fail, when required thereto by the investigating officer, to attend an inquiry; or (f) intentionally insult an investigating officer or . intentionally interrupt the proceedings thereat.". 20 25 . . . \ Amendment of section 54 of Act 50 of 1991 30

16. Section 63 of the principal Act is hereby amended - 25 (a) by the deletion of paragraphs (a), (b), (h)(iv) and {v), (i), (j), (k), (l), (n), (u), (v), (w) and (x) of subsection (1); (b) by the substitution for paragraph (m) of subsection {1) of the following paragraph: "(m) the manner in which the presence of witnesses at inquiries held in terms of section [28(1), (2) or (5)] 53B(l) or (4) shall be obtained and procedures to be followed at such inquiries;"; 30 110 No. 17242 Act No. 29, 1996 MINE HEALTII AND SAFETY ACT. 1996 GOVERNMENT GAZEITE, 14 JUNE 1996 Schedule 3 -Amendment of Laws (c) ·by the substitution for subsection (2) of the following subsection: "(2) No regulation relating to State revenue or expenditure [or to any health matter] shall be made by the Minister except with the concurrence of the Minister of Finance [or the Minister of State Expenditure or after consultation with the Minister for National Health and Welfare, respectively]"; and 5 (d) by the deletion of subsection (3). Substitution of expression in Act 50 of 1991

17. The principal Act is hereby amended by the substitution for the expression "regional director", wherever it occurs in the Act, of the expression "Director: Mineral Development" . . Substitution. of long titie of Act so of 1991

18. The following long title i_s hereby substituted for the long title of tl.Ie. principal Act: 'To regulate the prospecting for and the optimal exploitation, processing and utilization ~f minerals; [to provide for the safety and health of persons concerned in mines and works] to regulate the orderly utilization and the rehabilitation of the surface of land during and after prospecting and mining operations; and to provide for matters connected therewith.". 15 20 GOVERNMENT GAZETIE. 14 JUNE 1996 Schedule 3 -Amendment of Laws MINE HEALTI{ AND SAFETY Acr, 1996 No. 17242 Ill Act No. 29, 1996 B: REFERENCE TO GOVERNMENT MINING ENGINEER IN CERTAIN ACTS Substitution for Government Mining Engineer . The following Acts are hereby amended by the substitution for the expression ... Government Mining Engineer", wherever it occurs. of the expression .. Chief Inspector as contemplated in the Mine Health and Safety Act. 1996.": Advertising on Roads and Ribbon Development Act. 1940 (Act No. 21 of 1940) Rand Water Board Statutes (Private) Act. 1950 (Act No. 17 of 1950) Mines and Works Act. 1956 (Act No. 27 of 1956) . National Roads Act. 1971 (Act No. 54 of 1971) Occupational Diseases in Mines and Works Act. 1973 (Act No. 78 of 1973) National Building Regulations and Building Standards Act. 1977 (Act No. 103 of 1977). 5 10 15 112 No.-17242 Act No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1995 GOVERNMENT GAZETIE. "14 JUNE 1995 Schedule 4 -Transitional Provisions ":SCHEDULE 4-. TRANSITIONAL PROVISIONS · .·~ .... .. , .... . . · .. . ··: 1. I . Any health and safety standard which, immediately prior to the commencement of this Act, was incorporated under the ·provisions Of the Minerals· Act or the regulations made under that Act is: deemed to .be a health and safety standard incorporated under this item. ·· · : ·. ,. · · : 2. ·. A certificate of fitness· issued under the provisions of the Occupational Diseases in Mines' and Works Act, 1973 (Act No. 78 of 1973), which was valid immediately before the , commencement of this Act shall be deemed to be sufficient proof that the employee is fit·to perform work until the ·. ~certificate is ·cancelled of expires . . 3. A declaration in respect of any work which has been declared under the Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973), to be risk work at controlled mines is deemed to be a declaration made under section 76(1) of this Act and remains in force until the declaration is withdrawn or superseded under this Act.

4. Any regulation made or deemed to be made under the Minerals Act that relate to health and safety issues that can be regulated under this Act remains in force until amended or repealed under this Act.

5. To the extent that it grants exemptions from the operation of a provision similar to a provision of this Act, an exemption is deemed to have been granted under section 79 if - 5 10 15 20 25 (a) it was granted under the provisions of the Minerals Act; and (b) it is still in force when this Act commences.

6. Section 85 does not apply to an employee employed at any 30 mine immediately before the commencement of that section.