MHSA Definitions

Question 1

Chief Executive Officer

Answer 1

The person who is responsible for the overall management and control of the business of an employer

Question 2

Chief Inspector

Answer 2

The officer appointed in terms of section 48(1) and includes any officer acting in that capacity

Question 3

Employee

Answer 3

Any person who is employed or working at a mine

Question 4

Employer

Answer 4

An owner

Question 5

Engine

Answer 5

Any appliance or combination of appliances by which power, other than human or animal power, can be applied to do mechanical work

Question 6

Hazard

Answer 6

A source of or exposure to danger

Question 7

Health and safety committee

Answer 7

A health and safety committee established in terms of section 34

Question 8

Health and safety equipment

Answer 8

An article or part of an article that is manufactured, provided or installed in the interest of the health and safety of any person

Question 9

Health and safety representative

Answer 9

An employee elected and appointed in terms of section 29

Question 10

Health and safety standard

Answer 10

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

Question 11

Health hazard

Answer 11

Any physical, chemical or biological hazard to health including anything declared to be a health hazard by the Minister

Question 12

Health-threatening occurance

Answer 12

Any occurrence that has or may have the potential to cause serious illness or damage to health

Question 13

Healthy

Answer 13

Free from illness or injury attributable to occupational causes

Question 14

Machinery

Answer 14

Any engine, boiler or appliance or any combination of them, which is situated at a mine and used or intented 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

Question 15

Mine

Answer 15

a. When used as a noun:
1) . Any borehole, or excavation, in any tailings or in the earth, including the portion of the earth that is under sea or other water, made for purpose of searching for or winning a mineral, whether it is being worked or not; or
2) . 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 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 Chief inspector of mines notifies their employer in writing that those excavations, boreholes, or places comprise two or more mines; or
3) . A works

b. When used as a verb:
The making of any excavation or borehole referred to in paragraph 1), 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 16

Mineral

Answer 16

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 a 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

Question 17

Organism

Answer 17

Any biological entity which is capable of causing illness to persons

Question 18

Owner

Answer 18

In relation to the mine means:

1) the holder of a prospecting permit or mining authorisation issued under the mineral and Petroleum Resources Development Act
2) if a prospecting permit or mining authorisation does not exist, the person for whom thee activities contemplated in paragraph b) of the definition of ‘mine’ are undertaken, but excluding an independent contractor; or
3) if neither 1) or 2) is applicable, the last person who worked the mine or that person’s successor in title;

and 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 19

Prescribed

Answer 19

prescribed by regulation

Question 20

Principal Inspector of mines

Answer 20

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)

Question 21

Prospecting

Answer 21

Intentionally searching for any minerals 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 any other water, by means of excavation or drilling but does not include mine as a verb

Question 22

Reasonably practicable

Answer 22

Practicable having regard to:

1) the severity and scope of the hazard or risk concerned
2) the state of knowledge reasonably available concerning that hazard or risk and of any means of removing or mitigating that hazard or risk
3) the availability and suitability of means to remove or mitigate that hazard or risk
4) the costs and the benefits of removing o mitigating that hazard or risk

Question 23

Representative trade union

Answer 23

A registered trade union, or two or more registered trade unions acting jointly, that have as members the majority of employees at mine

Question 24

Risk

Answer 24

The likelihood that occupational injury or harm to persons will occur

Question 25

Substance

Answer 25

Includes any solid, liquid, vapour, gas or aerosol, alone or in combination

Question 26

This Act

Answer 26

Includes:

a) the section numbers, but not the page headers, headings or side notes
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 promulgted or granted by or under this Act by the Minister, Chief Inspector mines, an Inspector, any person authorised under section 49(4) or any person to whom power has been delegated or the performance of a duty has been assigned under section 96

Question 27

Working place

Answer 27

Any place at a mine where employees travel or work

Question 28

Works

Answer 28

any place excluding a mine, where any person carries out:

a) the transmitting and distributing to another coonsumer of any form of power from a mine, by the employer therof, 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; orr

b) training at any central rescue station; or
c) the making, repairing, reopening or closing of any subterranean tunnel; or
d) any operations neccessary or in connection with any operations listed in this paragraph.