Please note that the research on this work is ongoing. Amendment, commencement and repeal information may be missing.
This is the version of this Act as it was from 21 June 1997 to 9 October 1997. Read the latest available version.
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 as it was from 21 June 1997 to 9 October 1997.]
- [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 87–95; Chapter 8 (section 96–106) | commenced on 15 January 1997 by Proclamation R4 of 1997. |
Chapter 7, section 86(2)–(3) | commenced on 15 January 1998 by Proclamation R4 of 1997. |
- [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]
Chapter 1
Objects of Act
1. Objects of Act
The objects of this Act are—Chapter 2
Health and safety at mines
2. Owner to ensure safety
3. Owner must appoint manager
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
The owner 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 manager 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 manager 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 manager 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. 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’s functions
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 Minerals Act, must produce it at the request of the Chief Inspector or any inspector.54. Inspector’s power to deal with dangerous conditions
55. Inspectors’ power to order compliance
56. Instructions to be posted at mine
The manager of a mine must—57. Right to appeal inspectors' decisions
58. Right to appeal Chief Inspector's decision
59. Appeal does not suspend decision
60. Initiating investigations
61. Chief Inspector may designate assistant in investigation
At any time before or during an investigation, the Chief Inspector 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 may designate assistant in inquiry
At any time before or during an inquiry the Chief Inspector 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 may order further inquiry
Upon considering the evidence and the report referred to in section 72, the Chief Inspector may require that the matter be inquired into further.74. Inquiry and inquest may be conducted jointly
Chapter 6
Health and safety representatives and committees
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 manager, 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
Table – maximum terms of imprisonment
Column 1 | Column 2 |
---|---|
Section under which convicted | Maximum term of imprisonment |
2(1)(a) or (b) | 2 years |
2(2) | 2 years |
3(1) | 2 years |
4(2) | 1 year |
4(3) | 2 years |
5 | 2 years |
6 | 2 years |
7 | 2 years |
8 | 1 year |
9(2) | 2 years |
9(3), (4) or (5) | 1 year |
10 | 2 years |
11(1) | 2 years |
11(2) | 2 years |
11(3) | 1 year |
11(4)(a) | 2 years |
11(4)(b) | 1 year |
11(5)(a) | 2 years |
11(5)(b) | 1 year |
11(5)(d) | 2 years |
11(8) | 1 year |
12 | 2 years |
13(1), (2), (4) or (6) | 2 years |
14 | 2 years |
15 | 2 years |
16(1) | 1 year |
17 | 2 years |
21(1), (3) or (4) | 2 years |
22 | 2 years |
24 | 1 year |
32(2) or (3) | 1 year |
52 | 2 years |
53 | 2 years |
54(1) | 2 years |
55(1) | 2 years |
62 | 2 years |
66(4) | 2 years |
70 | 2 years |
71 | 2 years |
84 | 2 years |
85 | 1 year |
86 | 3 years |
88 | 2 years |
89 | 1 year |
90(b)(ii) or (c)(i) | 2 years |
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 Inspector" 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;"Council" means the Mine Health and Safety Council established by section 41(1);"Department" means the Department of Mineral and Energy Affairs;"employee" means any person who is employed or working at a mine;"employer" means any person who employs employees;"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) and a Medical Inspector,"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;"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 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 notifies their owner 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;"Minerals Act" means the Minerals Act, 1991 (Act No. 50 of 1991);"mining area" means the mining area as defined in section 1 of the Minerals Act;"Minister" means the Minister of Mineral and Energy Affairs;"occupational disease" means any health disorder including an occupational disease as contemplated by the Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973), or by the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);"occupational health" includes occupational hygiene and occupational medicine;"occupational health practitioner" means an occupational medical practitioner or a person who holds a qualification in occupational health recognised by the South African Interim Nursing Council;"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 Interim National Medical and Dental Council of South Africa or a medical practitioner engaged in accordance with section 13(4);"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)the holder of a prospecting permit or mining authorisation issued under the Minerals Act; or(b)if a prospecting permit or mining authorisation does not exist, the last person who worked the mine or that person’s successor in title;"prescribed" means prescribed by regulation;"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;"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 to which any permit, licence, permission, consent, exemption, approval, notice, authorisation, environmental management programme or directive issued, given, granted or approved or deemed to be issued, given, granted or approved in terms of this 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 owner 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 does not incur any civil liability only because an officer took an action or failed to take an action that the officer may take or is required to take under or in terms of this Act, and in taking or failing to take that action the officer acted without negligence and in good faith.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 amendment not yet applied
Amended by
Mine Health and Safety Amendment Act, 2008
Commenced
01 May 2004 amendment not yet applied
14 November 2003 amendment not yet applied
Amended by
Skills Development Amendment Act, 2003
Commenced
13 December 2002 amendment not yet applied
02 July 2002 amendment not yet applied
24 April 1998 amendment not yet applied
15 January 1998
10 October 1997
21 June 1997 this version
15 January 1997
14 June 1996
30 May 1996
Assented to
Cited documents 9
Act 9
1. | Labour Relations Act, 1995 | 1981 citations |
2. | Banks Act, 1990 | 871 citations |
3. | Compensation for Occupational Injuries and Diseases Act, 1993 | 684 citations |
4. | Hazardous Substances Act, 1973 | 350 citations |
5. | Minerals Act, 1991 | 290 citations |
6. | Inquests Act, 1959 | 132 citations |
7. | Occupational Diseases in Mines and Works Act, 1973 | 30 citations |
8. | Audit Matters Rationalisation and Amendment Act, 1995 | 7 citations |
9. | Minerals Amendment Act, 1993 | 6 citations |
Documents citing this one 239
Gazette 194
Judgment 35
Act 4
1. | Compensation for Occupational Injuries and Diseases Act, 1993 | 684 citations |
2. | Mineral and Petroleum Resources Development Act, 2002 | 630 citations |
3. | Basic Conditions of Employment Act, 1997 | 629 citations |
4. | Skills Development Act, 1998 | 601 citations |
By-law 3
1. | Customer Care and Revenue Management | 2 citations |
2. | Credit Control, Tariffs and Debt Collection By-law, 2009 | |
3. | Revenue By-law, 2014 |
Government Notice 2
1. | Rules for the Conduct of Proceedings in the Labour Court, 1996 | 4 citations |
2. | Rules regulating the conduct of the proceedings of the Labour Court, 2024 |
General Notice 1
1. | Guideline for the Compilation of a Mandatory Code of Practice for the Mitigation and Management of COVID-19 Outbreak |