South Africa
Mine Health and Safety Act, 1996
Act 29 of 1996
- Published in Government Gazette 17242 on 14 June 1996
- Assented to on 30 May 1996
- There are multiple commencements
- [This is the version of this document from 30 May 2009.]
- [Please note that the research on this work is ongoing. Amendment, commencement and repeal information may be missing.]
Provisions | Status |
---|---|
Chapter 1 (section 1); Chapter 2 (section 2–24); Chapter 3 (section 25–40); Chapter 4 (section 41–46); Chapter 5 (section 47–74); Chapter 6 (section 75–81); Chapter 7, section 82–85, section 86(1), section 87, section 88–95; Chapter 8 (section 96–106) | commenced on 15 January 1997 by Proclamation R4 of 1997. |
Chapter 2, section 2A, section 7(4), 7(5); Chapter 4, section 42(2A), section 43(eA); Chapter 5, section 55A, section 55B–55H, section 57A, section 59(2)(a), 59(2)(b), section 60(2)(c); Chapter 7, section 86(2), 86(3), section 91(1A), 91(1B), 91(1C), 91(4); Chapter 8, section 96(2)(c), section 98(1)(zF)(i), 98(1)(zF)(ii), 98(1)(zJ)(i), 98(1)(zJ)(ii), 98(1)(zO) | commenced on 15 January 1998 by Proclamation R4 of 1997. |
Chapter 4, section 46(1)(f) | commenced on 14 November 2003. |
Chapter 2, section 2A(6), section 10(4), 10(5), section 11(5)(aA), 11(5A), 11(5B), 11(8), section 13(4A), 13(4B), section 20(7), section 23(4); Chapter 4, section 42(2B); Chapter 5, section 47(1)(a), 47(1)(b), section 49(1)(l), 49(1)(m), 49(1)(n), 49(4)(c), 49(4)(d), 49(4)(e), 49(4)(f), 49(4)(g), 49(4)(h), 49(4)(i), 49(4)(j), 49(4)(k), 49(4)(l), 49(4)(m), 49(6), section 49A, section 49B, section 55A(4), 55A(5), section 55B(1), 55B(2), 55B(3), 55B(4), section 63(1)(a), 63(1)(b); Chapter 6, section 76(3); Chapter 7, section 92(6), 92(7); Chapter 8, section 98(1)(zP) | commenced on 30 May 2009. |
- [Amended by Mine Health and Safety Amendment Act, 1997 (Act 72 of 1997) on 15 January 1997]
- [Amended by Mine Health and Safety Act, 1996: Addition of Schedule 5 (Government Notice R848 of 1997) on 21 June 1997]
- [Amended by Mine Health and Safety Act, 1996: Addition of Schedule 6 (Government Notice R1317 of 1997) on 10 October 1997]
- [Amended by Mine Health and Safety Amendment Act, 1997 (Act 72 of 1997) on 15 January 1998]
- [Amended by Mine Health and Safety Act, 1996: Addition of Schedule 7 (Government Notice R612 of 1998) on 24 April 1998]
- [Amended by Mine Health and Safety Act, 1996: Amendment of Schedule 6 (Government Notice R906 of 2002) on 2 July 2002]
- [Amended by Mine Health and Safety Act, 1996: Amendment of Schedule 6 (Government Notice R906 of 2002) on 13 December 2002]
- [Amended by Skills Development Amendment Act, 2003 (Act 31 of 2003) on 14 November 2003]
- [Amended by Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) on 1 May 2004]
- [Amended by Mine Health and Safety Amendment Act, 2008 (Act 74 of 2008) on 30 May 2009]
Chapter 1
Objects of Act
1. Objects of Act
The objects of this Act are—Chapter 2
Health and safety at mines
2. Employer to ensure safety
2A. Chief executive officer charged with certain functions
3. Employer must appoint manager
4. Employer may entrust functions to another person
5. Employer to maintain healthy and safe mine environment
6. Employer to ensure adequate supply of health and safety equipment
7. Employer to staff mine with due regard to health and safety
8. Employer must establish health and safety policy
9. Codes of practice
10. Employer to provide health and safety training
11. Employer to assess and respond to risk
12. Employer to conduct occupational hygiene measurements
13. Employer 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
The employer must pay the costs of all clinical examinations and medical tests performed in terms of this Act unless this Act expressly provides otherwise.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
Every employee at a mine while, at that mine, must—23. Employees' right to leave dangerous working place
24. Employees not to pay for safety measures
No person may make any deduction from an employee's wages, or permit an employee to make any payment to any person, in respect of anything which the employer is obliged to provide or to do in terms of this Act in the interest of the health and safety of an employee.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
Every employer must notify the health and safety representatives concerned and, if there is a health and safety committee, the employee co-chairperson of that committee—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
The employer must—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
The Council must—44. ***
[section 44 amended by section 20(a), (b) and (c) of Act 72 of 1997 and repealed by section 12 of Act 74 of 2008]45. Mining Qualifications Authority
46. Mining Qualifications Authority’s functions
Chapter 5
Inspectorate of mine health and safety
47. Inspectorate established
48. Chief Inspector of Mines
49. Chief Inspector of Mine's functions
49A. Financial and judicial management of Mine Health and Safety Inspectorate
49B. Co-operative governance
50. Inspectors’ powers
51. Inspector may be accompanied
When performing any function under this Act, an inspector may be accompanied by an interpreter or any other person reasonably required to assist the inspector.52. Duty to assist inspector and answer questions
53. Duty to produce documents required by inspector
Any person who holds or should hold a permit, licence, permission, certificate, authorisation or any other document issued in accordance with this Act or the Mineral and Petroleum Resources Development Act, must produce it at the request of the Chief Inspector of Mines or any inspector.54. Inspector’s power to deal with dangerous conditions
55. Inspectors’ power to order compliance
55A. Inspector’s powers to recommend fine
55B. Principal Inspector of Mines may impose fines
55C. ***
[section 55C inserted by section 25 of Act 72 of 1997 and repealed by section 20 of Act 74 of 2008]55D. ***
[section 55D inserted by section 25 of Act 72 of 1997 and repealed by section 20 of Act 74 of 2008]55E. ***
[section 55E inserted by section 25 of Act 72 of 1997 and repealed by section 20 of Act 74 of 2008]55F. ***
[section 55F inserted by section 25 of Act 72 of 1997 and repealed by section 20 of Act 74 of 2008]55G. ***
[section 55G inserted by section 25 of Act 72 of 1997 and repealed by section 20 of Act 74 of 2008]55H. ***
[section 55H inserted by section 25 of Act 72 of 1997 and repealed by section 20 of Act 74 of 2008]56. Instructions to be posted at mine
The employer of a mine must—57. Right to appeal inspectors' decisions
57A. ***
[section 57A inserted by section 28 of Act 72 of 1997 and repealed by section 22 of Act 74 of 2008]58. Right to appeal Chief Inspector of Mines's decision
59. Appeal does not suspend decision
60. Initiating investigations
61. Chief Inspector of Mines may designate assistant in investigation
At any time before or during an investigation, the Chief Inspector of Mines may designate one or more persons to assist the inspector holding the investigation.62. Duty to answer questions during investigation
Persons questioned during an investigation must answer every question to the best of their ability, but no person is required to answer any question if the answer may be self-incriminating.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
At any time before or during an inquiry the Chief Inspector of Mines may designate one or more persons to assist in the inquiry or to preside at the inquiry.68. Inquiry to be public
69. Right to participate in inquiry
The persons listed in this section may participate in an inquiry and, either personally or through a representative, may put questions to witnesses and inspect any book, plan, record or other document or item presented at the inquiry. The persons entitled to participate are—70. Powers of person presiding at inquiry
The person presiding at an inquiry may—71. Duty of persons summoned or instructed
72. Inquiry records and reports
73. Chief Inspector of Mines may order further inquiry
Upon considering the evidence and the report referred to in section 72, the Chief Inspector of Mines may require that the matter be inquired into further.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
A notice under either section 75 or 76 may differentiate between mines, types of mines, parts of a mine, occupations and types of work.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
Unless specifically authorised by the employer, no person—85. Juvenile employment underground prohibited
86. Negligent act or omission
87. Breach of confidence
88. Hindering administration of this Act
Any person who hinders, opposes, obstructs or unduly influences any person who is performing a function in terms of this Act commits an offence.89. Falsifying documents
Any person who obtains or attempts to obtain a prescribed certificate of competency by means of fraud, dishonesty, false pretences or the presentation or submission of a false or forged document commits an offence.90. Failure to attend when summoned
A person commits an offence who, having been instructed or summoned to attend an inquiry—91. Failure to comply with this Act
92. Penalties
93. Magistrate's court has jurisdiction to impose penalties
Despite anything to the contrary contained in any other law, a magistrate's court has jurisdiction to impose any penalty provided for in this Act.94. Serving of documents
Unless otherwise provided in this Act, a notice, order or other document which, in terms of this Act, must be served on or delivered to a person, will have been properly served or delivered if it has been either—95. Proof of facts
In any legal proceedings in terms of this Act—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
Each of the laws referred to in Schedule 3 is hereby amended to the extent specified in that Schedule.100. Transitional arrangements
101. Interpretation
102. Definitions
In this Act, unless the context otherwise indicates—"biological monitoring" means a planned programme of periodic collection and analysis of body fluid, tissues, excreta or exhaled air in order to detect and quantify the exposure to or absorption of any substance or organism;"chief executive officer" means the person who is responsible for the overall employer and control of the business of an employer;[definition of "chief executive officer" inserted by section 43(a) of Act 72 of 1997]"Chief Inspector of Mines" means the officer appointed in terms of section 48(1) and includes any officer acting in that capacity;"Commission" means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Labour Relations Act;"Constitution" means the Constitution of the Republic of South Africa, 1996;[definition of "Constitution" inserted by section 30(a) of Act 74 of 2008]"Council" means the Mine Health and Safety Council established by section 41(1);"Department" means the Department of Minerals and Energy;[definition of "department" substituted by section 43(b) of Act 72 of 1997]"employee" means any person who is employed or working at a mine;"employer" means an owner;[definition of "employer" substituted by section 43(c) of Act 72 of 1997]"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;[definition of "inspector" substituted by section 43(d) of Act 72 of 1997]"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 No. 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;"employer" 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 No. 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" 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 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 topsoil—(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 No. 28 of 2002);[definition of "Mineral and Petroleum Resources Development Act" inserted by section 30(b) of Act 74 of 2008]"Minerals Act" [definition of "Minerals Act" deleted by section 30(c) of Act 74 of 2008]"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 No. 28 of 2002);[definition of "mining area" substituted by section 110 of Act 28 of 2002]"Minister" means the Minister of Minerals and Energy;[definition of "Minister" substituted by section 43(e) of Act 72 of 1997]"occupational disease" means any health disorder including a compensatable disease as contemplated by the Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973), and an occupational disease contemplated by the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);[definition of "occupational disease" substituted by section 43(f) of Act 72 of 1997]"occupational health" includes occupational hygiene and occupational medicine;"occupational health practitioner" [definition of "occupational health practitioner" deleted by section 30(d) of Act 74 of 2008]"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;[definition of "occupational medical practitioner" substituted by section 30(e) of Act 74 of 2008]"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 of the Public Service Act, 1994 (Proclamation No. 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", in relation to a mine, means—(a)(i)the holder of a prospecting permit or mining authorisation issued under the Mineral and Petroleum Resources Development Act;[subparagraph (i) substituted by section 30(f) of Act 74 of 2008](ii)if a prospecting permit or mining authorisation does not exist, the person for whom the activities contemplated in paragraph (b) of the definition of '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;[definition of "employer" substituted by section 43(g) of Act 72 of 1997]"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);[definition of "Principal Inspector of Mines" inserted by section 43(h) of Act 72 of 1997]"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" means the Public Finance Management Act, 1999 (Act No. 1 of 1999);[definition of "Public Finance Management Act" inserted by section 30(g) of Act 74 of 2008]"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 trade union registered in terms of the Labour Relations Act;"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 No. 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" includes—(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;[paragraph (d) substituted by section 43(i) of Act 72 of 1997]"topsoil" means topsoil as defined in section 1 of the Mineral and Petroleum Resources Development Act;[definition of "topsoil" inserted by section 43(j) of Act 72 of 1997 and substituted by section 30(h) of Act 74 of 2008]"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.103. Occupational Health and Safety Act, 1993, not applicable
The Occupational Health and Safety Act, 1993 (Act No. 35 of 1993), is not applicable to any matter in respect of which any provision of this Act is applicable.104. 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.[section 104 substituted by section 31 of Act 74 of 2008]105. Act binds State
The provisions of this Act bind the State except in so far as any criminal liability is concerned.106. Short title and commencement
History of this document
30 May 2009 this version
Amended by
Mine Health and Safety Amendment Act, 2008
Commenced
01 May 2004
14 November 2003
13 December 2002
02 July 2002
24 April 1998
15 January 1998
10 October 1997
21 June 1997
15 January 1997
14 June 1996
30 May 1996
Assented to
Subsidiary legislation
Cited documents 12
Legislation 12
1. | Constitution of the Republic of South Africa, 1996 | 4595 citations |
2. | Public Finance Management Act, 1999 | 2190 citations |
3. | Labour Relations Act, 1995 | 2087 citations |
4. | Banks Act, 1990 | 858 citations |
5. | Compensation for Occupational Injuries and Diseases Act, 1993 | 681 citations |
6. | Mineral and Petroleum Resources Development Act, 2002 | 615 citations |
7. | Skills Development Act, 1998 | 597 citations |
8. | Hazardous Substances Act, 1973 | 346 citations |
9. | Minerals Act, 1991 | 277 citations |
10. | Inquests Act, 1959 | 129 citations |
11. | Audit Matters Rationalisation and Amendment Act, 1995 | 7 citations |
12. | Minerals Amendment Act, 1993 | 6 citations |