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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Mine
Health and Safety Act, No. 29 of 1996
Long
title
To provide for protection of the health and safety of employees and other persons at mines and, for that purpose to promote a culture of health and safety; to provide for the enforcement of health and safety measures; to provide for appropriate systems of employee, employer and State participation in health and safety matters; to establish representative tripartite institutions to review legislation, promote health and enhance properly targeted research; to provide for effective monitoring systems and inspections, investigations and inquiries to improve health and safety; to promote training and human resources development; to regulate employers' and employees' duties to identify hazards and eliminate, control and minimise the risk to health and safety; to entrench the right to refuse to work in dangerous conditions; and to give effect to the public international law obligations of the Republic relating to mining health and safety; and to provide for matters connected therewith.
Table of contents
Legislation Text Access Point
To provide for protection of the health and safety of employees and other persons at mines and, for that purpose to promote a culture of health and safety; to provide for the enforcement of health and safety measures; to provide for appropriate systems of employee, employer and State participation in health and safety matters; to establish representative tripartite institutions to review legislation, promote health and enhance properly targeted research; to provide for effective monitoring systems and inspections, investigations and inquiries to improve health and safety; to promote training and human resources development; to regulate employers' and employees' duties to identify hazards and eliminate, control and minimise the risk to health and safety; to entrench the right to refuse to work in dangerous conditions; and to give effect to the public international law obligations of the Republic relating to mining health and safety; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| ARRANGEMENT OF ACT | |
| CHAPTER 1. OBJECTS OF ACT | |
| 1. | Objects
of Act |
| CHAPTER
2. HEALTH AND SAFETY AT MINES |
|
| 2. | Owner to ensure safety |
| 2A. | Chief
executive officer charged with certain functions [...inserted by
Act
1997_072_002_19971203] |
| 3. | Manager must appoint employer [...amended by Act 1997_072_047(b)_19971203] |
| 4. | Owner may entrust functions to another person |
| 5. | Manager to maintain healthy and safe mine environment** |
| 6. | Manager to ensure adequate supply of health and safety equipment |
| 7. | Manager to staff mine with due regard to health and safety |
| 8. | Manager must establish health and safety policy |
| 9. | Codes
of practice |
| 10. | Manager to provide health and safety training |
| 11. | Manager to assess and respond to risk |
| 12. | Manager to conduct occupational hygiene measurements |
| 13. | Manager to establish system of medical surveillance |
| 14. | Record
of hazardous work |
| 15. | Record
of medical surveillance |
| 16. | Annual
medical reports |
| 17. | Exit
certificates |
| 18. | Costs
of examination |
| 19. | Employees'
right to information |
| 20. | Employee
may dispute finding of unfitness to perform work |
| 21. | Manufacturer's
and supplier's duty for health and safety |
| 22. | Employees'
duties for health and safety |
| 23. | Employees'
right to leave dangerous working place |
| 24. | Employees not to pay for safety measures |
| CHAPTER 3. HEALTH AND SAFETY REPRESENTATIVES AND COMMITTEES | |
| 25. | Health
and safety representatives and committees |
| 26. | Negotiations
and consultations before appointment of representatives |
| 27. | Designation
of working places |
| 28. | Qualifications
of representatives |
| 29. | Election
and appointment of representatives |
| 30. | Rights
and powers of representatives |
| 31. | Duty
to compensate and assist representatives |
| 32. | Duty
to inform representatives |
| 33. | Negotiation
and consultation on establishment of committees |
| 34. | Establishment
of health and safety committees |
| 35. | Committee
procedures |
| 36. | Rights
and powers of health and safety committee |
| 37. | Duty
to support committee |
| 38. | Disclosure
of information |
| 39. | Disputes
concerning disclosure of information |
| 40. | Disputes concerning this Chapter |
| CHAPTER 4. TRIPARTITE INSTITUTIONS | |
| 41. | Establishment
of tripartite institutions |
| 42. | Mine
Health and Safety Council |
| 43. | Council's
duties |
| 44. | [...repealed
by Act
2008_074_012 - was entitled "Duties of permanent committees"] |
| 45. | Mining
Qualifications Authority |
| 46. | Mining Qualifications Authority's functions |
| CHAPTER 5. INSPECTORATE OF MINE HEALTH AND SAFETY | |
| 47. | Inspectorate
established |
| 48. | Chief Inspector |
| 49. | Chief Inspector of Mines's functions [...amended by Act 1997_072_047(a)_19971203] |
| 49A. | Financial and judicial management of Mine Health and Safety Inspectorate [...inserted by Act 2008_074_015_20090417] |
| 49B. | Co-operative governance [...inserted by Act 2008_074_015_20090417] |
| 50. | Inspectors'
powers |
| 51. | Inspector
may
be accompanied |
| 52. | Duty
to assist
inspector and answer questions |
| 53. | Duty
to
produce documents required by inspector |
| 54. | Inspector's
power to deal with dangerous conditions |
| 55. | Inspectors'
power to order compliance |
| 55A. | Inspectors' power to recommend fine [...inserted by Act 1997_072_025_19971203] |
| 55B. | Principal Inspector of Mines may impose fines [...inserted by Act 1997_072_025_19971203] [... Title amended by Act 2008_074_019_20090417...was entitled "Principal Inspector of Mines may give further instructions"] |
| 55C. | ... [...inserted by Act 1997_072_025_19971203][...repealed by Act 2008_074_020_20090417 - was entitled "Principal Inspector of Mines may refer matter to attorney-general"] |
| 55D. | ... [...inserted by Act 1997_072_025_19971203] [...repealed by Act 2008_074_020_20090417 - was entitled "Principal Inspector of Mines may impose fine"] |
| 55E. | ... [...inserted by Act 1997_072_025_19971203] [...repealed by Act 2008_074_020_20090417 - was entitled "Determination of employer's liability"] |
| 55F. | ... [...inserted by Act 1997_072_025_19971203] [...repealed by Act 2008_074_020_20090417 - was entitled "Employer must pay fine"] |
| 55G. | ... [...inserted by Act 1997_072_025_19971203] [...repealed by Act 2008_074_020_20090417 - was entitled "Chief Inspector of Mines must issue guidelines"] |
| 55H. | ... [...inserted by Act 1997_072_025_19971203] [...repealed by Act 2008_074_020_20090417 - was entitled "Use of Fines"] |
| 56. | Instructions
to be posted at mine |
| 57. | Right
to
appeal inspectors' decisions |
| 57A. | ... [...inserted by Act 1997_072_028_19971203] [...repealed by Act 2008_074_022_20090417 - was entitled "Right of appeal against Principal Inspector of Mines' decision"] |
| 58. | Right to appeal Chief Inspector of Mines's decision [...amended by Act 1997_072_047(a)_19971203] |
| 59. | Appeal
does
not suspend decision |
| 60. | Initiating
investigations |
| 61. | Chief Inspector of Mines may designate assistant in investigation [...amended by Act 1997_072_047(a)_19971203] |
| 62. | Duty
to answer
questions during investigation |
| 63. | Enhancing
effectiveness of investigation |
| 64. | Reports
on
investigations |
| 65. | Initiating
inquiries |
| 66. | Investigation
may be converted into inquiry |
| 67. | Chief Inspector of Mines may designate assistant in inquiry [...amended by Act 1997_072_047(a)_19971203] |
| 68. | Inquiry
to be
public |
| 69. | Right
to
participate in inquiry |
| 70. | Powers
of
person presiding at inquiry |
| 71. | Duty
of
persons summoned or instructed |
| 72. | Inquiry
records and reports |
| 73. | Chief Inspector of Mines may order further inquiry [...amended by Act 1997_072_047(a)_19971203] |
| 74. | Inquiry and inquest may be conducted jointly |
| CHAPTER 6. MINISTER'S POWERS | |
| 75. | Minister
may
prohibit or restrict work |
| 76. | Minister
may
declare health hazards |
| 77. | Application
of
Minister's notice |
| 78. | Exemption
from
Minister's notice |
| 79. | Exemption
from
all or part of this Act |
| 80. | Minister
may
apply other laws to mine |
| 81. | Minister to table annual report |
| CHAPTER 7. LEGAL PROCEEDINGS AND OFFENCES | |
| 82. | Jurisdiction
of Labour Court |
| 83. | No
discrimination against employees who exercise rights |
| 84. | Safety
equipment not to be interfered with |
| 85. | Juvenile
employment underground prohibited |
| 86. | Negligent
act
or omission |
| 86A. | Criminal
liability [...inserted
by Act 2008_074_026_20090417] |
| 87. | Breach
of
confidence |
| 88. | Hindering
administration of this Act |
| 89. | Falsifying
documents |
| 90. | Failure
to
attend when summoned |
| 91. | Failure
to
comply with this Act |
| 92. | Penalties |
| 93. | Magistrate's
court has jurisdiction to impose penalties |
| 94. | Serving
of
documents |
| 95. | Proof of facts |
| CHAPTER 8. GENERAL PROVISIONS | |
| 96. | Delegation
and
exercise of power |
| 97. | Minister's
power to add and change Schedules |
| 98. | Regulations |
| 99. | Amendment of laws |
| 100. | Transitional
arrangements |
| 101. | Interpretation |
| 102. | Definitions |
| 103. | Occupational
Health and Safety Act, 1993, not applicable |
| 104. | Civil
liability of State |
| 105. | Act
binds State |
| 106. | Short title and commencement |
| Sch. 1 | SCHEDULE
1.
GUIDELINES FOR DETERMINING THE NUMBER OF FULL-TIME HEALTH AND SAFETY
REPRESENTATIVES [s26] |
| Sch. 2 | SCHEDULE
2.
NOMINATION AND APPOINTMENT OF MEMBERS TO TRIPARTITE INSTITUTIONS [s98] |
| Sch. 3 | SCHEDULE
3.
AMENDMENT OF LAWS [s99] |
|
A:
MINERALS ACT, 1991
|
|
|
B:
REFERENCE TO GOVERNMENT MINING ENGINEER IN CERTAIN ACTS
|
|
| Sch. 4 | SCHEDULE 4. TRANSITIONAL PROVISIONS [s100] |
| Sch. 5 | ... [sic - no text labeled "Schedule 5"] |
| Sch. 6 | ... [sic - no text labeled "Schedule 6"] |
| Sch. 7 | ... [sic - no text labeled "Schedule 7"] |
| Sch. 8 | SCHEDULE 8. [sic - no title and label number] [s100] |
| TEXT NOTES |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1996_029_000_19960614 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 1997_072_000_19971203 . | N/A | REQ.INFO | LINK |
| As amended by Act 2002_028_000_20021010 . | N/A | REQ.INFO | LINK |
| As amended by Act 2003_031_000_20031114 . | N/A | REQ.INFO | LINK |
| As amended by Act 2008_074_000_20090417 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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