A. 96-106. General Provisions Flashcards
What is the Minister’s power to add and change Schedules?
- Minister’s power to add and change Schedules.-
1) The Minister, after consulting the Council, by notice in the Gazette may add to, change or replace any Schedule to this Act other than Schedules 2, 3 and 7 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 committees.
4) The Minister, after consulting the Council and the Mining Qualification Authority, by notice in the Gazette may add to this Act a further Schedule containing the constitution of the Mining Qualifications Authority and its committees.
5) The Minister, after consulting the Council, by notice in the Gazette may add to Schedule 4 further items containing 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.
7) the Minister may add to , change or replace any page header or sidenote by notice in the Gazette.
What does the Act stipulate about delegation and exercising of power?
- Delegation and exercise of power.-
1) The Minister may delegate any power conferred upon the Minister by or under this Act, except the power to make regulations, to the Chief Inspector of Mines.
2) The Chief Inspector of Mines may delegate any power or assign the performance of any duty conferred or imposed upon the Chief Inspector of Miens by or under this Act, or any other law, to-
a) any inspector;
b) any other person with appropriate knowledge and experience who is under the control of the Chief Inspector of Mines; or
c) any other person, after consulting the Council.
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 Inspector of Mines, as the case may be.
4) A delegation under subsection (1) or (2) does not prevent the exercise of that power by the Minister or Chief Inspector of Mines, as the case may be.
What does the Act stipulate about regulations in terms of regulation 98?
- Regulations.-
1) The Minister, after consulting the Council, by notice in the Gazette may make regulations regarding-
a) health and safety of person 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 mines;
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 employment systems at miens;
e) orderly operations at mines;
f) the powers, duties, functions and responsibilities of employees at mines and of the employers;
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;
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 explosives and the mixing of substances to make explosives at a mine;
l) the protection of equipment, structures, water sources or the surface of land;
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 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;
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 measurements 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;
u) the manner of reporting prescribed occupational 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;
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;
y) the drawing and keeping of mine plans and the submission of statistical and other reports in relation to minerals, mines and machinery;
z) negotiations and consultations in terms of sections 26 and 33 and the time periods within which the negotiations and consultations must be completed;
zA) qualifications for appointment as a health and safety representative, the election and terms of office of representatives, the circumstances in which a representative must vacate office, the circumstances in which a 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 b3e 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 must be provided to committees and the training of the members of committees;
zC) the appointment of members of 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 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;
zD) the appointment of members of the Mining Qualifications Authority in accordance with Schedule 2;
zE) qualifications for inspectors;
zF) the establishment of one or more accounts and the control of those accounts by the Chief Inspector of Mines with a view to funding-
i. research and surveys regarding, and for the promotion of health and safety at mines;
ii. the administration costs of the overall programme for relevant health and safety research;
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;
procedures to be followed at inquiries;
zH) procedures to be followed in respect of appeals to the Chief Inspector of Mines or Medical Inspector under this Act;
zI) fees payable in relation to applications, appeals and documents;
zJ) the payment of levies by mines on the basis of health and safety risk for-
i. research and surveys regarding, and for the promotion of health and safety at mines;
ii. the administration costs of the overall programme for relevant health and safety research;
zK) the imposition of monetary and other obligations in connection with safe-making referred to in paragraph (n) on persons who-
i. are or were responsible for the undermining of any ground or the making of any excavations, tailings, waste dumps, ash dumps or structures or for the dangerous condition of any of them; or
ii. will benefit from that safe-making;
zL) the assumption by the State of responsibility for safe-making referred to in paragraph (n) in particular cases;
zM) the use of plain language in documents that are required to be published, displayed or distributed in terms of this Act;
zN) any other matter the regulation of which may be necessary or desirable in order to achieve the objects of this Act;
zO) the system of fines contemplated in sections 55A and 55B, including regulations regarding forms and documents, periods of time, procedures, records to be kept and the payment of fines;
zP) minimum standards for the establishment, functioning, training, equipping and staffing of rescue services at mines and reporting by employers in respect of rescue services.
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-
a) the qualifications for employment in any occupation;
b) conditions for acceptance as a candidate for examinations;
c) the issuing of certificates of competency in respect of any occupation;
d) the funding of the Mining Qualifications Authority including the manner by which such funds may be raised;
e) procedures for assessing competency;
f) the accreditation of assessors;
g) the establishment of examination bodies;
h) the appointment of examiners and moderators;
i) the monitoring and administration of examinations;
j) 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 registering 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 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 re-stating 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.
6) The Minister must consult the Council before incorporating 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 employer on any person, other than the employer, who employs employees.
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 made 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-
a) every amendment or substitution of a health and safety standard incorporated in the regulations;
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
d) the place in the Republic where each of those standards and publications is obtainable or otherwise available for inspection.
11) The Chief Inspector of Mines 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.
What does the Act stipulate about the amendment of laws in terms of regulation 99?
- Amendment of laws.-
Each of the laws referred to in Schedule 3 is hereby amended to the extent specified in that Schedule.
What does the Act stipulate about transitional arrangements?
- Transitional arrangements.-
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.
What does the Act stipulate about interpretation?
- Interpretation.-
1) –
2) Subject to sections 26 and 33, no agreement may affect any-
a) provision of this Act;
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 of Mines, inspector or any other person authorised under this Act; or
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.
When is the Occupational Health and Safety Act, 1993, not applicable?
- Occupational Health and Safety Act, 1993, not applicable.-
The Occupational Health and Safety Act, 1993 (Act No.85 of 1993), is not applicable to any matter in respect of which any provision of this Act is applicable.
What is the cicil liability of the State?
- Civil liability of State.-
The State Liability Act, 1957 (Act No.20 of 1957, applies with the changes required by the context in respect of the Mine Health and Safety Inspectorate, and in such application a reference in that Act to the Minister of a department concerned must be construed as a reference to the Chief Inspector of Mines.
How does the Act bind the State?
- Act binds State.-
The Provisions of this Act bind the State except in so far as any criminal liability is concerned.
What does the Act stipulate about short title and commencement?
- Short title and commencement.-
1) This Act is called the Mine Health and Safety Act, 1996.
2) This Act comes into operation on a date fixed by the President by proclamation in the Gazette.
