Laws Flashcards
Council
means the Mine Health and Safety Council established by section
41 (1);
Department
means the Department of Minerals and Energy;
Employee
means any person who is employed or working at a mine;
Employer
means an owner
engine
means any appliance or combination of appliances by which power,
other than human or animal power, can be applied to do mechanical
work;
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;
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 any 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 injury attributable to occupational causes;
inspector
means an officer appointed in terms of section 49 (1) (c), a Medical
Inspector and any Principal Inspector of Mines;
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 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, 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);
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 56 of 1974
medical surveillance
means a planned programme of periodic examination,
which may include clinical examinations, biological monitoring
or medical tests, of employees by an occupational health
practitioner or by an occupational medical practitioner
contemplated in section 13;
mine
(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 Mines 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;
mineral
means any substance, excluding water, but including sand, stone,
rock, gravel and clay, as well as soil, other than top soil-
(a) whether 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 formed by or subjected to a geological process;
‘Mineral and Petroleum Resources Development Act’
means the Mineral
and Petroleum Resources Development Act, 2002 (Act 28 of 2002);
mining area
means a prospecting area, mining area, retention area,
exploration area and production area as defined in section 1 read
with section 65 (2) (b) of the Petroleum and Mineral Resources
Development Act, 2002 (Act 28 of 2002).
Minister
Minister of Minerals and Energy;
occupational disease
means any health disorder including a compensatable
disease as contemplated by the Occupational Diseases in Mines
and Works Act, 1973 (Act 78 of 1973), and an occupational disease
contemplated by the Compensation for Occupational Injuries and
Diseases Act, 1993 (Act 130 of 1993);
occupational health
includes occupational hygiene and occupational
medicine;
occupational hygiene
means the anticipation, recognition, evaluation 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 particular
type of work;
occupational medical practitioner
means a medical practitioner who holds
a qualification in occupational medicine, or an equivalent
qualification, recognised by the Health Professions Council of South
Africa;
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 8 (1) (a) of the Public Service Act, 1994
(Proclamation 103 of 1994), and includes a woman or man
contemplated in section 8 (1) (b) or 8 (3) (c) of that Act
organism
means any biological entity which is capable of causing illness to
persons;
owner
means any biological entity which is capable of causing illness to
persons;
‘prescribed’
means prescribed by regulation;
Principal Inspector of mines
’ means the officer appointed by the Chief
Inspector of Mines to be in charge of health and safety in any region
established in terms of section 47 (2);
Processing
means the recovering, extracting, concentrating, refining,
calcining, classifying, crushing, milling, screening, washing,
reduction, smelting or gasification of any mineral, and ‘process’ has
a similar meaning;
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 mine as a verb;
Public Finance Management Act
t’ means the Public Finance Management
Act, 1999 (Act 1 of 1999);
reasonably practicable
’ means practicable having regard to-
(a) the severity and scope of the hazard or risk concerned;
(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
(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
registered trade union
’ means a record kept in terms of section 13
3
regulation
means a regulation made under section 98 or in force in terms of
item 4 of Schedule 4;
representative trade union
means a registered trade union, or two or more
registered trade unions acting jointly, that have as members the
majority of employees at a mine;
risk
means the likelihood that occupational injury or harm to persons will
occur;
safety
means safety at mines;
serious injury
means any injury which is reportable under this Act;
serious illness
means any illness resulting from occupational exposure that
affects the health of a person to the extent that it incapacitates the
affected person from resuming that person’s normal or similar
occupation for four days or more;
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 29 of 1993); or
(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
(a) the section numbers, but not the page headers, headings or
sidenotes;
(b) the Schedules;
(c) the regulations; and
(d) 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 of Mines, an
inspector, any person authorised under section 49 (4) or any
person to whom a power has been delegated or the performance
of a duty has been assigned under section 96;
top soil
means topsoil as defined in section 1 of the Mineral and
Petroleum Resources Development 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 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.
