A. 1-11 The Act

Question 0

What is the objectives of the Act in terms of the Mine Health and Safety Act No.29 of 1996

Answer 0

The objects of the Act are-
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(a) to protect the health and safety of persons at mines;
(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 public international law obligations of the Republic that concern health and safety at mines;
(d) to provide for employee participation in matters of health and safety through health and safety representatives and health and safety committees at mines;
(e) to provide for effective monitoring of health and safety conditions at mines
(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
(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
(iii) co-operation and consultation on health and safety between the State, employers, employees and their representatives.

Question 1

What is the purpose of the Act according to the Mine Health and Safety Act No.29 of 1996.

Answer 1

To provide for the protection of the health and safety of employees and other persons at a mine and for that purpose-

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p- to promote a culture of health and safety
p- to provide for the enforcement of health and safety measures
p- to provide for appropriate systems for employer, employee and State participation in health and safety matters.
e- to establish representative tripartite institutions to review legislation, promote health and enhance properly targeted research
p- to provide for effective monitoring systems and inspections, investigations and inquiries to improve health and safety
p- to promote training and human resources development
r- to regulate employers’ and employees’ duties to identify hazards and eliminate, control and minimise the risk to health and safety
e- to entrench the right to refuse to work in dangerous conditions; and
g-to give effect to public international law obligations of the Rebublic relating to mining health and safety and to provide for matters connected herewith

Question 2

How must the employer ensure safety at a mine that is being worked in terms of Chapter 2 of the Act?

Answer 2

R1 000 000 or 5 yrs imprisonment
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2(1) The employer of every mine that is being worked must-
(a) ensure as far as reasonably practicable, that the mine 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;
(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 terms of this Act and the annual medical report referred to in section 16; and
(d) if the employer is a body corporate, and employs more than 50 employees, publish and distribute the report referred to in paragraph (c), in an appropriate form, to the body corporate’s shareholders or members

Question 3

What must the employer of a mine that is not being worked do to ensure safety?

Answer 3

2(2) The employer of a mine that is not being worked, but in respect of which a closure certificate in terms of the Mineral and Petroleum Resources and Development 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.

Question 4

What functions are the Chief Executive officer charged with in terms with section 2A of the Mine Health and Safety Act No.29 of 1996?

Answer 4

R1 000 000 or 5 yrs imprisonment
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(1) Every chief executive officer must take reasonable steps to ensure that the functions of the employer as contemplated in this Act, are properly performed.
(2) Without derogating from any responsibility or liability of the chief executive officer in terms of subsection (1), the chief executive officer may entrust any function contemplated in the said subsection to any person under the control of the chief executive officer, which person must act subject to the control and direction of the chief executive officer.
(3) If the employer is a body corporate, the functions of the chief executive officer contemplated in subsection (1) and (2) may be performed by a member of the board of the body corporate designated by the board.
(4) Subsection (1), (2) and (3) do not relieve an employer of any duty imposed on employers by this Act.
(5) Every person appointed in terms of section 3 or 4(1) must perform their functions subject to the control and direction of the chief executive officer or the person appointed in subsection (3).
(6) (a) The employer must inform the CIM, in writing, within seven days of the appointment of the chief executive officer.
(b) The information to the CIM include-
(i) the name of the chief executive officer;
(ii) the nature of such person’s function; and
(iii) the name of the persons who are managers under the supervision of the chief executive officer.

Question 5

How must every person appointed in terms of section 3 or 4(1) perform their functions?

Answer 5

2A (5) Every person appointed in terms of section 3 or 4(1) must perform their functions subject to the control and direction of the chief executive officer or the person contemplated in subsection (3).

Question 6

When must the employer inform the CIM of the appointment of the chief executive officer and what information must be included?

Answer 6

2A (6) (a) The employer must inform the CIM, in writing, within seven of the appointment of the chief executive officer.

       (b) The information to the CIM include-
          (i) the name of the chief executive officer;
          (ii) the nature of such person's function; and
          (iii) the name of the persons who are managers under the supervision of the chief executive officer.

Question 7

Who must inform the CIM of the appointment of the chief executive officer?

Answer 7

The employer

Question 8

What reasonable steps must the chief executive officer take in terms of section 2A of the Act?

Answer 8

2A (1) Every chief executive officer must take reasonable steps to ensure that the functions of the employer as contemplated in this Act, are properly performed.

Question 9

Who may perform the functions of the chief executive officer if the employer is a body corporate?

Answer 9

2A (3) If the employer is a body corporate, the functions of the chief executive officer contemplated in subsection (1) and (2) may be performed by a member of the board of the body corporate designated by the board.

Question 10

Who must appoint managers on the mine?

Answer 10

The employer

Question 11

How must the employer of every mine that is being worked appoint a manager?

Answer 11

R1 000 000 or 5 yrs imprisonment
3(1) The employer of every mine that is being worked must-
(a) appoint one or more managers with the qualifications as may be prescribed to be responsible for the day to day management and operation of the mine, 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

Question 12

What does it not relieve the employer of with the appointment of a manager?

Answer 12

3(2) The appointment of a manager does not relieve the employer of any duty imposed on employers by this Act or any other law.

Question 13

Who must perform the functions of a manager, if no manager is appointed in terms of section 3(1)?

Answer 13

3(3) If no manager is appointed in terms of subsection (1), the employer must perform the functions of a manager in terms of this Act.

Question 14

Explain how the employer may entrust functions to another person in terms of section 4 of the Act?

Answer 14

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4(1) An employer may appoint any person except a manager to perform any function entrusted to the employer by section 2 and 3 of this Act.
(2) An employer who appoints a person under subsection (1) must notify the CIM of that appointment within seven days, and must include in that notice-
(a) the name of the person appointed;
(b) the nature of person’s functions; and
(c) the names of the manager or managers over whom that person has control.
(3) An employer who appoints a person under subsection (1) must-
(a) supply each person with the means to perform their functions; and
(b) take reasonable steps to ensure that they perform their functions.
(4) The appointment of a person under subsection (1) does not relieve the employer of any duty imposed on employers by this Act or any other law.

Question 15

What information must be included on the notice to the CIM with the appointment of a person in terms of section 4(1) of the Act?

Answer 15

4(2) An employer who appoints a person under subsection (1) must notify the CIM of that appointment within seven days, and must include in that notice-

(a) the name of the person appointed;
(b) the nature of person’s functions; and
(c) the names of the manager or managers over whom that person has control.

Question 16

What must the employer ensure with the functions of a person appointed in terms of section 4(1) of the Act?

Answer 16

4(3) An employer who appoints a person under subsection (1) must-

(a) supply each person with the means to perform their functions; and
(b) take reasonable steps to ensure that they perform their functions.

Question 17

To whom may the employer entrust functions?

Answer 17

4(1) An employer may appoint any person except a manager to perform any function entrusted to the employer by section 2 and 3 of the Act.

Question 18

How must the employer maintain a healthy and safe mine environment?

Answer 18

R1 000 000 or 5 yrs imprisonment
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5(1) As far as reasonably practicable, every employer must provide and maintain a working environment that is safe and without risk to the health of employees.
(2) As far as reasonably practicable, every employer must-
(a) identify the relevant hazards and assess the related risks to which persons who are not employees may be exposed; and
(b) ensure 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.

Question 19

How must the employer maintain a healthy and safe mine environment for persons who are not employees?

Answer 19

5(2) As far as reasonably practicable, every employer must-

(a) identify the relevant hazards and assess the related risks to which persons who are not employees may be exposed; and
(b) ensure 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.

Question 20

What requirements must the employer put in place to ensure an adequate supply of health and safety equipment?

Answer 20

R1 000 000 or 5 yrs imprisonment
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6(1) Every employer must-
(a) supply all necessary health and safety equipment and health and safety facilities to each employee; and
(b) maintain, as far as reasonably practicable, that equipment and those facilities in a serviceable and hygienic condition.
(2) Every employer 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 employer must take reasonable steps to ensure that all employees who are required to use personal protective equipment are instructed in the proper use, the limitations and the appropriate maintenance of that equipment.

Question 21

How must the employer, as far as reasonably practicable, staff the mine with due regard to health and safety?

Answer 21

R1 000 000 or 5 yrs imprisonment
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7(1) As far as reasonably practicable, every employer must-
(a) ensure that every employee complies with the requirements of this Act;
(b) insitute the measures necessary to secure, maintain and enhance health and safety;
(c) provide persons appointed under subsections (2) and (4) 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 that employee; and
(e) ensure that work is performed under the general supervision of a person trained to understand understand the hazards associated with the work and who has the authority to ensure that the precautionary measures laid down by the employer are implemented.

Question 22

Who may the employer appoint to perform any function of the employer in terms of this Act?

Answer 22

7(2) The employer may appoint any person with qualifications as may be prescribed to perform any function of the employer in terms of this Act.
(3) The appointment of a person under subsection (2) does not relieve the employer of any duty imposed on employers by this Act.

Question 23

Who may the manager appoint to perform any function of the manager in terms of this Act?

Answer 23

7(3) A manager may appoint any person with qualifications as may be prescribed to perform any function of the manager in terms of this Act.
(3) The appointment of a person under subsection (4) does not relieve the manager of any duty imposed on managers by this Act.

Question 24

The employer must establish a health and safety policy. What must be in this document?

Answer 24

8(1) Every employer must prepare a document that-

 (a) describes the organisation of work;
 (b) establishes a policy concerning the protection of employees’ health and safety at work;
 (c) establishes a policy concerning the protection of persons who are not employees but who may be directly affected by the activities at the mine; and
 (d) outlines the arrangements for carrying out and reviewing policies.

Question 25

With whom must the employer consult when preparing or revising a health and safety policy and what must the employer do with the policy?

Answer 25

8(2) The employer must consult with the health and safety committee on the preparation or revision of the document and policies referred to in subsection (1)

(3) The employer must –
(a) prominently and conspicuously display a copy of the document referred to in subsection (1) for employees to read; and
(b) give each health and safety representative a copy of the document.

Question 26

What must the employer do regarding a Code of Practice?

Answer 26

9 (2) An employer must prepare and implement a code of practice on any matter affecting the health or safety of employees and other person who may be directly affected by activities at the mine if the Chief Inspector of Mines requires it.

(3) A code of practice required by the Chief Inspector of Mines must comply with guidelines issued by the Chief Inspector of Mines.
(4) The employer must consult with the health and safety committee on the preparation, implementation or revision of any code of practice.
(5) The employer must deliver a copy of every code of practice prepared in terms of subsection (2) to the Chief Inspector of Mines.

Question 27

When must a Chief Inspector of Mines review a Code of Practice?

Answer 27

9 (6) The Chief Inspector of Mines must review a code of practice of a mine if requested to do so by a registered trade union with members at the mine, or a health and safety committee or a health and safety representative at the mine.

Question 28

When may an inspector instruct an employer to review a Code of Practice within a specified period?

Answer 28

9 (7) At any time, an inspector may instruct an employer 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 of Mines; or
(b) is inadequate to protect the health and safety of employees.

Question 29

When may an employer prepare and implement a Code of Practice?

Answer 29

9(1) Any employer may prepare and implement a code of practice on any matter affecting the health or safety of employees and other persons who may be directly affected by activities at the mine.

Question 30

What must every employer do as far as reasonably practicable to provide health and safety training?

Answer 30

R1 000 000 or 5 yrs imprisonment
10(1) As far as reasonably practicable, every employer 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
(b) ensure that every employee becomes familiar with work-related hazards and risks and the measures that must be taken to eliminate, control and minimise those hazards and risks.

Question 31

How must every employer ensure as far as reasonably practicable that every employee is properly trained?

Answer 31

10(2) As far as reasonably practicable, every employer must ensure that every employee is properly trained –

(a) to deal with every risk to the employee’s 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;
(b) in the measures necessary to eliminate, control and minimise those risks to health or safety;
(c) in the procedures to be followed to perform that employee’s work; and
(d) in relevant emergency procedures.

Question 32

When must every employee be trained on health and safety?

Answer 32

10 (3) In respect of every employee, the provisions of subsection (2) must be complied with –

(a) before the employee first starts work;
(b) at intervals determined by the employer after consulting the health and safety committee:
(c) before significant changes are introduced to procedures, mining and ventilation lay-outs, mining methods, plant or equipment and material; and
(d) before significant changes are made to the nature of that employee’s occupation or work.

Question 33

What must the employer keep in respect of each employees formal training?

Answer 33

10 (4) The employer must keep a record of all formal training provided in respect of each employee in terms of subsection (2).

Question 34

What must all mines submit to the Mining Qualification Authority?

Answer 34

10 (5) All mines submit a workplace skills plan and the annual training reports to the Mining Qualification Authority.

Question 35

What must every employer do to assess risks?

Answer 35

R1 000 000 or 5 yrs imprisonment
11(1) Every employer 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 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.

Question 36

When an accident causes the immediate death of an employee, what happens at the place where the accident occurred? (Regulation 10.1 minerals regulation)

Answer 36

10. 1 Place of an accident to be left undisturbed. – (1)When an accident causes the immediate death of an employee, the place where the accident occurred must not, without the consent of the Principal Inspector of Mines, be disturbed or altered before such place has be inspected by an Inspector or any other person authorised under section 49 (4) by the Chief Inspector of Mines.
11. 1 (2) Regulation 10.1. (1) does not apply if –
    (a) such disturbance or alteration is unavoidable to prevent further accidents, to remove fatalities and injured employees or to rescue employees from danger; or
    (b) the discontinuance of work at such place would seriously impede the working of the mine.
12. 1 (3) Despite regulation 10.1. (1), work may be resumed at the place where the a accident occurred if such inspector or other person authorised by the Chief Inspector of Mines fails to inspect the place within three days after notice of the accident has been given.

Question 37

What is the definition of “mine”?

Answer 37

“Mine” means, when-

(a) used as a noun-
i. any borehole, or excavation, in any tailings or in the earth, 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 of Miens notifies their employer in writing that those excavations, boreholes or places comprise two or more mines; or
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 prospecting in connection with the winning of a mineral.

Question 38

What is the definition of “works”?

Answer 38

“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 employer 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
(b) training at any central rescue station; or
(c) the making, repairing, re-opening or closing of any subterranean tunnel; or
(d) any operations necessary or in connection with any of the operations listed in this paragraph.

Question 39

What is the definition of “owner”?

Answer 39

“Owner” -

(a) in relation to a mine, means-
i. the holder of a prospecting permit or mining authorisation issued under the Mineral and Petroleum Resources Development Act;
ii. if a prospecting permit or mining authorisation does not exist, the person for whom the activities contemplated in paragraph (b) of the definition “mine” are undertaken, but excluding an independent contractor; or
iii. if neither (i) or (ii) is applicable, the last person who worked the mine or that person’s successor in title; and
(b) in relation to a works, means the person who is undertaking the activities contemplated in the definition of “works”, but excluding an independent contractor.

Question 40

How must the employer assess and respond to risk?

Answer 40

11(1) Every employer 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 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 employer, after consulting the health and safety committee at the mine, must determine 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 –
(i) provide for personal protective equipment; and
(ii) institute a programme to monitor the risk to which employees may be exposed.
(3) Every employer 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.
(4) Every employer 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 employer 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;

(aA) commence an investigation referred to in paragraph (a) within 10 days from the date of such accident, serious illness or health-threatening occurrence;

(b) consult with the health and safety committee on investigations in terms of this section;
(c) conduct an investigation in co-operation with the health and safety representative responsible for the working place in which the investigation takes place;
(d) on completion of each investigation, prepare a report that –
(i) identifies the causes and the underlying causes of the accident, serious illness or health-threatening occurrence;
(ii) identifies any unsafe conditions, acts, or procedures that contributed in any manner to the accident, serious illness or health-threatening occurrence; and
(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) within 30 days from the date of the accident, serious illness or health-threatening occurrence being investigated to the Principal Inspector of Mines and the health and safety committee. If there is no health and safety committee the employer must deliver a copy of the report to the health and safety representative responsible for the working place.

(5A) An investigation in terms of subsection (5) must be completed within 30 days after the accident, serious illness or health-threatening occurrence being investigated or such longer period as the Principal Inspector of Mines may permit.

(5B) The employer must notify the Principal Inspector of Mines of any accident or occurrence at a mine that results in –

(a) the serious injury;
(b) illness; or
(c) death,

of any person, in order to allow the Principal Inspector of Mines to instruct an Inspector to conduct an investigation simultaneously with the employer as required in section 11 (5) (a)

(6) An investigation referred to in subsection (5) may be held jointly with an investigation conducted by an inspector in terms of section 60.
(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
(b) if there is no health and safety representative at the mine, with the employees.
(8) In the event of an incident in which a person died, or was injured to such an extent that he or she is likely to die, or suffered the loss of a limb or part of a limb, no person may without the consent of the Principal Inspector of Mines disturb the site at which the incident occurred or remove any article or substance involved in the incident: Provided that an article or substance may only be removed if it is necessary to –
(a) prevent any further incident;
(b) remove the injured or dead; or
(c) rescue any person from danger.