Mine Health and Safety Act 29 of 1996

REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
Registered at the Post Office as a Newspaper
; .·: .: ' .; .; i .· !. _: : . : - • • '.I • • ~ ' •· ·; :' ~: ! ~ ; ~ : :: •
VoL. 372 CAPE TOWN, 14 JUNE 1996 No. 17242
- PRESIDENT'S OFFICE
.·. ,\ _:
No. 967.- -. · 14 June 1996
It is hereby notified that the President has' assented to the

following Act which is hereby published for general infor-
mation:-
No. 29 of 1996: Mine Health and Safety Act, 1996.

2 No. 17242 GOVERNMENT GAZETrn, 14JUNE 1996
Act No.- 29,-1996: MINE _HEALlli AND SAFETY ACf, 1996
ACT
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 he~th 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;
t.· '
• •• J •. - • • ~ "
and to provide for matters connected therewith.
(English text signed by the President.)

(Assented to 30 May 1996.)
GOVERNMENT GAZETI'E, 141UNE 1996 No. 17242 3
MINE HEALTII AND SAFETY ACT, 1996 Act No. 29, 1996
Table of Contents
.B· E IT ENACTED by the Parliament of the Republic of South

Africa as follows:-
< ' • _f., .• ; ' I ~ •
ARRANGEMENT OF ACT
CHAPTER 1
I . • _r • I ~0 '
OBJECTS OF ACT...................................................................... 10
.. 1. Objects of Act. ......................."..·............................................... 10

:· l ~ .•- . • •• • . . , .. ; . . • .
., ·CHAPTER 2 .
HEALTH AND.SAFETY· AT MINES .....:................................... 11
. 2. · · Owner to ensure safety .. :; ....;.......:..... ~.·.:.................................. 11
. 3. --:OWt1er 'niiist appoint manager .... ~'.... ~: ..~................................... 12
4. < owri~; ~ay entrust functions to another person ................... 12
:· ~i: . ::Ma~ag~~ t~: ~~Url~·he~thy

-· .·
:itld sai~_'mine
..
environment ...
.
.
•.,.· ,_ •...: - . ' . ;
13
6. Manager to ensure adequate supply of health and safety

.. '·. equipment:... :-.:.~.:~:.:~:.;·..~;:: ... :~:: .... :.....~~..................................... 13
·. 1: ..ManagJ~\~. staff mine_'wilh:

.
_du~-
·'
r~gard to health and ' •'
·SafetY· ..:...~·..... .-.·....~ ..... :.~ .. ~ ... :~ ..:....::........................................... 14
8. . Man~ger m~st' establish heaith and safety policy . ..... ........... 14

. ..
..9.·. Codes.of p~a~ti~e .....·.~·....:....~.: ..~ ..:.......:................................... 15
10. ·Ma1.ager to pr~vide health· ~d s~ety training ..................... 16
·11.' M~ager.to. assess ~d respond to risk.................................. 11
12: Manager to .co~duct occup'ational. hygiene measurements ... . 19

- . : ~ i ·' .. ,-· _: . .' • '' : ~ .; ; -;. ; : / J : :. # •
· 13.' Manager to establish system of medtcal survetllance .......... 20
..l4.'; ·R~~~~d ~f ·haiarddu~ wo~k .~ ...~.:: ...... :.~................................... 22
15. Record of medical surveillance ............................................. 22 ·

4 No. 17242 GOVERNMENT GAZETIE,14 JUNE 1996
Art No. 29, 1996 MINE HEALTIIAND SAFETY ACT, 1996
Table of Contents
16.: .Annual medical reports.:~.;:::··.~·:·~~.. :.~..~:.-:.:;·................................... 22

- _. ' . I , ~~ J; ' ·--. .. -~
17. Exit certificates ... .. ... ......... ... .. ... .. ...... ... .... .. .. ...... ... .. ... ....... .. .... 23
18. Co~ts of exrunination ... ........... .. ... .. .... ... ... ..... ........ ... ... ... ... .. ... . 23
.- -·- ' ! ' ~ • '· 1 -" ~:
19. Employees' right to information ............................................ 24
20. Employee may dispute finding of unfitness to perform

.. work .............................. ;........... ~ .. :·.-........................................... 24
21:. :Manufacturer's and supplier's duty for health and safety .... 25
. 22. Employee~', duties :for health ancl:sa(ety ............................... 27
23. .Employees' right to_ le~ve dangerous working place ............ 28
~~- .. Etnpl()yees ~o.t to pay for safety. rp.easures ........................... 29
-.'' '
HEALTH AND SAFETY REPRESENTATIVES AND

.·cOMMITTEES ·.. .'.~.:.. ~·.... .'.... ~ .. :.·.: ......:........:.................................... 30
. • ,' .• l : ... , .~ -: . • • .· - , ' · ""! • • ,· .. - ~- • ; • • ~ ' ' •
25. ·Health. and safety ·'representat~ves·

, .. ...
and .committees ............... 30
·~
.?,~·. ~egotia_tion ~d ,co?~u~tati~n bef9re appointment of

· '·representatives' ....... :....:....:..·.·..:..:..~.·:.......................................... 30
27. Designation of. working places .... .. ... .... ..... ..... ... ..... ......... ...... 33
.• ' ' ; ~ ·j ; . '. : . 1 :. • ; • • ' ' • •.... ; : ; ": .. • • ' :' ,• . • • -. • ":·
28. Qualifications of represe~tatives . ............................................ 33

.. . . . ; ' - .... : ·, ,; ' '. .
29. Election and .appointment of representatives ........................ 34
: .) : ! ', ' • ~' : .: : ' I •• : . : • ' . ;" ' ' ~ ; .: <' , • ' ~ ~· I :. ' '
30. Rights and powers of representatives ........ ........ ........... ......... 34

J _,· ; J • t . • : • : . • ·< }.:·: ~- ; . ' . J ( · . ' ' .. ; : :
31. Duty !O compensate and assist representatives ..................... 37

·.. ·~· ~ - ~ ~, :_. -, : -. · .. · -:; . . : -~ . . -_ .. :! . .·. ..·~! ' ··! .. .· - ;
. 32. Duty to inform representatives .............................................. 38

i .."· • ; ,_··'" ; i ·: ~- 1 :~: .::-.. •. . .... , - , .:_: . . {~ ' it:.-.• --.· · ~~ · ·.· .. ·.: - ; ,.
33. Negotiation
* •_ ,' • .
and consultation on establishment of ! _, ' I ' •, : ~ f. ~ j o • •• : ' - ;
commJttees ~···..... .-..·... ~ .. ~.......~:.... ;~ .........·.................................... 38

GOVERNMENT GAZETIE, 14 JUNE 1996 No. 17242 5
MINE HEALTH AND SAFETY ACT, 1996 Act No. 29, 1996
Table of Contents
·34. ·;Establishment of health and· safety committees .................... 40
·35: :Committee procedures·;;;....... ~;:;;............................................. 41
36. ·Rights and powers of health:and safety committee .............. 41
37. · Duty to support committee .;;~; ...-L .. ~.:...............................:... 42
38.. Disclosure of information ....... :.... L......................................... 43
39. "Disputes concerning d~sclosure of information...................... 43
40. ·Disputes concerning. this Chapter ...... :................................... 45
··' · CHAPTER 4 · ·.
TRIPARTITE INSTITUTIONS.................................................... 46
41. :Establishment of tripartite institutions :.................................. 46
42 .. Mine Health and Safety Council ;.... :.::.................................. 46
43 .. Council's duties. ~:.;.:.~ ............,.·.-....:.......................................... 47
44. Duties of permanent committees :.... :..................................... 48
45.. Mining Qualifications Authority ~ .....:.::.................................. 49
46.: Mining Qualifications Authority's functions ......................... 50
; ,· . . •• ~;. _ • .... . . : ;;r · • •. CHAPTERs- ..
INSPECTORATE OF MINE HEALTH AND SAFETY ........... 52
47. Inspectorate established·....... ;;;.. ::::.... :..;.................................. 52
48. ::Chieflnspector ....·......:........::... .-..~: .... ~;.................................... 52
49:' Chiefinspector's functions ~ ... :.;;.~.......................................... 52
50. Inspectors' powers ........;..... ,.-...-......... :..................................... 54
5 L Inspector may. be accompanied ...:.... ;.::.................................. 56

6 No. 17242 GOVERNMENT GAZETIE, 14 JUNE 1996
Act No. 29, 1996 MINE HEALTII AND SAFETY ACf, 1996
Table of Contents
52; Duty to assist inspector and answer questions ...................... 56
53. Duty to produce documents required by inspector ............... 56
54. Inspectors' power to deal with dangerous conditions ........... 56
55. Inspectors' power to order compliance· ................................. 58
56. Instructions to be posted at mine :.......................................... 58
. 57. Right to appeal inspectors' decisions .................................... 59
58. Right to appeal Chief Inspector's decision ........................... 59
59. 'Appeal does not suspend decision ..... ~................................... 60
60. Initiating investigations ......::... :.............................................. 60
6L Chief Inspector may designate assistant in investigation ..... 61
62. Duty to answer questions in investigation ............................ 61
. 63. Enhancing effectiveness of investigation .............................. 61
64. Reports on investigations .. ....... ...... ........ .... .. ... .. .. .... ............... 61
65. I ru'tt'at'tng tnqumes

. . . .
................................................................ .. 62
· 66. Investigation may be converted into inquiry ... ......... ...... .. .... 63
67. Chief Inspector may designate assistant in inquiry ..... ... .. .... 63
i 68. Inquiry to be public ...... ........ ..... ... .. .... .. .... .. .. .............. ............ 63
69. Right to participate in inquiry ~.............................................. 63
70. Powers of person presiding. at inquiry .................................. 64
71. Duty of persons summoned or instructed ............................. 64
72. Inquiry records and reports .. ... ................ ......... ........... ... ..... ... 65
73. Chief Inspector may order further inquiry ............................ 65

GOVERNMENTGAZETIE, 14 JUNE 1996 No. 17242 7
MINE HEALTIIAND SAFETY ACT, 1996 Act No. 29, 1996
Table of Contents
74. Inquiry and inquest may be conducted jointly ...................... 66
· . CHAPTER 6
MINISTER'S POWERS ........·.......·.... ;....:..................................... 67
75. Minister may prohibit or restrict work .................................. 67
76.. Minister may declare health hazards ..................................... 67
77. Application of Minister's notice ·.........:...... ................ ............ 68
78.. Exemption from Minister's notice ......................................... 68
. 79. Exemption from all or part of this Act ................................. 69
80. Minister may apply. other laws to mine ................................ 70
81. Minister to table annual report .... ........... ... ... ..... ... .............. ... 70
. ~ . CHAPTER 7. ·
LEGAL PROCEEDINGS AND OFFENCES ........................... 71
.. 82. Jurisdiction of Labour Court................................................... 71
83. No discrimination against employees who exercise rights .. ~ 71
84. Safety equipment not to be interfered with .... ........ ........ ...... 72
. 85. Juvenile employment underground prohibited ...................... 72
86. Negligent act or omission ...... ~;.............. ................................. 72
87. . Breach of confidence ... .................. ........ ...... ........ ........ ........... 73
88. Hindering administration of this Act ..................................... 73
89. Falsifying documents ............................................................. 74
90. Failure to attend when surrunoned ........................................ 74
91. Failure to comply with this Act ..;.......................................... 74

8 No. 17242 GOVERNMENT GAZETI'E, 14 JUNE 1996
Act No. 29; 1996 MINE HEALTH AND SAFETY ACT, 1996
Table of Contents
92: . Penalties .. ;.. ;; ...........:;.:.........................·................................... 75
93: Magistrate's Court has jurisdiction to impose penalties ....... 77
94.. Serving of documents: .:.;:...·... :............. ;.................................. 77
95.' Proof of facts ·...:... :...·..... ;.; ... ;.:..... ::. ... :..................................... 77
·CHAPTER 8
GENERAL PROVISIONS· .......................................................... 78
96. Delegation and exercise ofpower ...:;:................................... 78
97.. Minister's power to add and change schedules .................... 78
98.. Regulations ........·.....................::.: ....... :.................................... 79
99. . Amendment·of·Iaw·s ........ :~ ........ ~·;..... .-..................................... 86
100. Transitional arrangements ..... .... ........ ........................ ............. 86
··.1 01: Interpretation .....~:....:::~ ....:..:........:....>:..................................... 86
102. Definitions .... :.... :....·.................. ;..... ~.......................................... 87
.': 103. Occupational Health and Safety Act, ·1993, not applicable.. 94
:: • 104. Civil liability of State .................;............................................ 94
105. Act. binds State.:.. .-..~~.:·.·................................. ... ......................... 94
106. Short title and commencement .;.:.......................................... 94
:·,· :,- SCHEDULE 1
.. Guidelines for determining the number of full-time health and

safety representatives ..................................................................... 95
. ··: ,
SCHEDULE 2
.. : .· '. I
Nomination and appointment of members to the tripartite

institutions .... :...-......... :.; .. :...............!............................................... 97
GOVERNMENT GAZETTE. 14 JUNE 1996 'No. 17242 ,9
MINE HEALTH AND SAFETY ACI'. 1996 Act NO: 29, 1996
Table of Contents
{ _;.;
SCHEDULE 3
Amendment of Laws ..................................... .'..... ... ..... ........ ... .. .. .. .. 98
SCHEDULE 4
Transitional provisions .......... :...;.~-. ..~.;;~;.......................................... 112
10 No. 17242 GOVERNMENT GAZETIE, 141UNE 1996
Act No. l!l, 1996 MINE HEALTII AND SAFETY ACI', 1996
· Objects of Act
s1
CHAPTER 1
.· : · .. .:.. '
\ . ''·
OBJECTS OF ACT
Objects .of Act .
An italicised word or phrase 1. The objects of this Act are -

indicates that the word or
phrase is defined in section (a) to protect the health and safety of persons at mines; 5
102 of this Act.
(b) to require employers and employees to identify hazards
and eliminate, control and minimise the risks relating to
health and safety at mines;
(c) to give effect to the public international law obligations

of the Republic that concern health and safety at mines; 10
(d) to provide for employee participation in matters of

health and safety through health and safety
representatives and the health and safety committees at
mines;
(e) to provide for effective monitoring of health and safety 15

conditions at mines;
(f) to provide for enforcement of health and safety measures

at mines;
(g) to provide for investigations and inquiries to improve

health and safety at mines; and 20
(h) to promote-
(i) a culture of health and safety in the mining

industry;
(ii) training in health and safety in the mining

industry; and 25
(iii) co-operation and consultation on health and safety

between the State, employers, employees and their
representatives.
GOVERNMENT GAZEITE, 14 JUNE 1996 No. 17242 11
MINE HEAL1H AND SAFETY ACf, 1996 Act No; 29, 1996
Health and Safety at Mines

s2
CHAPTER 2 ·
. HEALTH AND SAFETY AT MINES
Owner. to ensure safety
2•. (1). The owner of every mine that is being worked must-
(a) ensure, as far as reasonably practicable, that the mine 5

is designed, constructed and equipped -
(i) to provide conditions for safe operation and a

healthy working environment; and
(ii) with a communication system and with

electrical, mechanical and other equipment as IO
necessary to achieve those conditions;
(b) ensure, as far as reasonably practicable, that the mine

is commissioned, operated, maintained and
decommissioned in such a way that employees can
perform their work without endangering the health 15
.. and safety of themselves or of any other person;
(c) compile an annual report on health and safety at the

mine including the statistics on health and safety that
must be kept in tenns of this Act and the annual
medical report referred to in section 16; and 20
. (d) if the owner is a body corporate, and the mine

employs more than 50 employees, publish and
distribute the report referred to in paragraph (c), in an
·. appropriate forrn, .to the mine~ shareholders.
(2) . The owner of a mine that is not being worked, but in 25

respect of which a closure certificate in terms of the
Minerals Act has not been issued, must take reasonable
· steps to continuously prevent injuries, ill-health, loss of life
or damage of any kind from occurring at or because of the
mine. 30
12 No. 17242 GOVERNMENTGAZETIE,l4JUNE 1996
Act No. 29, 1996 MINE HEALTII AND SAFETY Acr. 1996

s3-4
Owner must appoint manager
3.- (l) The owner ofevery mine that is being worked must-
(a) appoint one or more managers with the qualifications

as may be prescribed, and if more than one manager
is appointed, ensure that the managers' functions do 5
not overlap;
(b) supply the managers with the means to perform their

functions; and
(c) take reasonable steps to ensure that the managers

perform their functions. 10
(2) The appointment of a manager does not relieve the owner

of any duty imposed on owners by this Act or any other
law. .
(3) If no manager is appointed in terms of subsection (1), the

• . • ! •.
owner must perform the functions of a manager in terms 15
of this Act.
Owner may entrust functions to another person
4. (1) An owner may appoint any person to perform any function

· entrusted to the owner by this Act.
4(2)-The Chief Inspector is (2) An owner who appoints a person under subsection (l) 20
appointed in terms of s. 48, must notify the Chief Inspector of that appointment within
on page 52; and the Chief seven days, and must include in that notice-
Inspector's functions are set
out in s. 49, beginning on (a) the name of the person appointed;
the same page.
(b) the nature of the person's functions; and
- (c) the names of the manager or managers over whom 25

. that person has control.
(3) An owner who appoints a person under subsection {1)

must-
(a) supply each person appointed with the means to

perform their functions; and
GOVERNMENT GAZETTE, 14 JUNE 1996 No. 17242 13
MINE HEALTII AND SAFETY ACf, 1996 Act No. 29, 1996

ss-6
(b) take reasonable steps to ensure that they perform their

functions.
(4) The appointment of a person under subsection (1) does not

·relieve the owner of any duty imposed on owners by this
Act or any other law. 5
Manager to maintain healthy and safe mine environment ·
5-Negligent failure 5. · (1) To the extent that it is reasonably practicable, every .

resulting in endangerment manager must provide and maintain a working
to a person at a mine is an environment that is safe and without risk to the health of
offence. See s. 86; · employees. · 10
beginning on page 72.
(2) To the extent that it is reasonably practicable, every
manager must - ·
(a) identify the relevant hazards and assess the related

risks to which persons who are not employees may be
exposed; ·and - 15
(b) ensl.rre that' persons who are not employees, but who
may be directly affected by the activities at the mine,
. are not exposed to any hazards to their health and
·safety.·
Manager to ensure adequate supply of health and safety 20

equipment ·
6-Employees have a duty 6.. (1) Every manager must -

to use and take care of
personal protective (a) supply all necessary health and safety facilities and
equipment and other health equipment to each employee; and
and safety facilities. See · ·
s. 22, on page 27. (b) to the extent that is reasonably practicable, maintain 25
&-Interference with health those facilities and that equipment in a serviceable
and safety facilities is an and hygienic condition.
offence. See s. 84: on page
72. (2) Every manager must ensure that sufficient quantities of all
6-Empfoyees must not be necessary personal protective equipment are available so
made to pay for health and that every employee who is required to use that equipment 30
safety facilities. See s. 24, is able to do so.
on page 29.
(3) · Every manager must take reasonable measures to ensure
that all employees who are required to use personal
Act No~ 29, 1996 MINE HEALTII AND SAFETY ACf,l996

s7-8
protective equipment are instructed in the proper use, the

limitations and the appropriate maintenance of that
equipment.
. Manager to staff mine with ·due regard to health and safety

I .'o··
7(1 )-Employees have a 7. (1) To the extent that it is reasonably practicable, every 5
duty to comply with health , : . ;. manager: must·~ ·.
and safety measures. See
, (a)· ensure that every employee complies with the ·: , -:
requirements ofthis Act; · ,_. , ·
· ;, ·-
(b) institute the measures necessary to secure, maintain·.
and enhance health and safety; .. .. . . 10
\ ~ . . -
(c) appoint persons and provide them with the means to

comply with the requirements .of this Act and with any
... instruction given by an inspector;
(d) consider an employee's training and capabilities in

respect of health and safety before assigning a task to 15
, . . th_at employee; and
' . . ' .· .. ·.
(e) . ~ns~re tpat ~ork is performed under the general

supervision of a person trained to understand the
hazards associated with the work and who has the
·I . ,, · .~ . ~~~ority to en.su_re _that ~e precautionary measures
laid down by the_ manager are implemented.
(2) A manager may appoint any person with qualifications as .

may be prescribed to perform any aspect of the functions
assigned to managers by this Act. ··
(3) The appointment of a person under subsection (2) does.not 25

relieve the manager of any duty imposed on managers by
· :,,. ·· this Act. · ' ... .. .
Manager must establish health and safety policy · ·
8. (1) Every manager. must prepare a document that-· i
(a) describes the organisation of work; . . ; 30
. (b) establishes a policy concerning the protection of

.. employees' health and safety at work;
MINE HEALTH AND .SAFETY ACT, 1996 Act No. 29, 1996

s9.·
(c)-_ establishes a policy concerning the protection of

: persons who are not employees but who are directly
affected .by mining activities; and
(d) outlines the arrangements for carrying out and
reviewing p~l~Cies: 5
8(2)-The requirements for . . (2) The manager must consult with the health and safety
establishing' a health and .· ... ' committee on the preparation or revision of the document
safety committee are set and policies referred to in subsection (1).
out in Chapter 3, beginning
.. ···> .; ' .. ·. . -f • •• ' •
on page 30. -· ' .•. (3) The manager 'must'-'' . - ·:· .. ..
., ·. (a) prominently and conspicuously display. a copy of the. . 10

document referred.to in subsection· (1)· for employees
to read; and
-- . . '(b) . give eachheaith and safety representative ~'c~py of
; ~ · ~: .;. i. ·· ··the.dOcu~'ent~
1 ... ~ ,' ...=. :. :; •
Codes of practice · 15
· 9. · . (1)· Any manager may. prepare and implement a code of

., . . . practice on· any. matter affecting the health or safety of
•:> , •.. · ! · .• employees and other persons who may be directly affected
.by. activities at the mine. '
· (2). _A manager mus~ prepare and implement a code of practice 20

. on any matter affecting the health or safety of employees
and other persons who may be directly affected by
. 1 . ac~iyities,at the mif!.e if the Chief Inspector requires it.
(3) A code of practice required by the {:hief Inspector must

. :·: : ·. comply.with g~idelines issued by the Chief Inspector.
- - ,• •.• • • • • • . .o. I
25
' ' .
(4) The manager must consult with the health and safety
: !•
.. . committee on the preparation, implementation or revision
of any code of practice.
, , . · :- ' I • ~ ~•' ; I " ' " • ~·; :
· (5) The manager must deliver a copy of every code of practice

. . .prep.U:ed in .terms, subsection (2) to the Chief Inspector. of 30
. . i ;. (6)' .The. Chi~f Inspe~tor must review a code of practice of a

:;,in~ if requested to do so by a registered trade union with
·l
members at the mine, or a health and safety committee or a

' _. ,, . health a~d sdfety representative at the mine.

s10
(7) At any time, an inspector may instruct a manager to

review any code of practice within a specified period if
that code of practice -
(a) does not comply with a guideline of the Chief

Inspector, or 5
(b) is inadequate to protect the health or safety of·

employees. · ·
..
Manager to provi.de health and safety training
10(1)-Employees must not 10.' (1) As far as reasonably practicable, every manager
be made to pay for health must - 10
and safety training. See
s. 24, on page 29. (a) provide employees with any information, instruction, .
training or supervision that is necessary to enable
them to perform their work safely and without risk to
health; and·
(b) ensure that every employee becomes familiar with 15

work-related hazards and risks and the measures that
must be taken to eliminate, control and minimise
those hazards and risks.
(2) · As far as reasonably practicable, every manager must

ensure that every employee is properly trained -·
(a) to deal with every risk to the employees health or

safety that -
·(i) is·associated with any work that the employee

has to perform; and
'.
(ii) has been recorded in terms of section 11; 25
(b) in the measures necessary to eliminate, control and

.minimise ·th<?se risks to health or safety;
(c) in the procedures to ~e followed to perform that

employees work; and
(d) in relevant emergency procedures.


s11
(3) In respect of every employee, the provisions of subsection

(2) must be complied with -
(a) before that employee first starts work;
(b) at intervals determined by the manager after
consulting the health and safety committee; 5
(c) before significant changes are introduced to

procedures, mining and ventilation layouts, mining
methods, plant or equipment and material; and
(d) before significant changes are made to the nature of
. that ~mployee 's occupation or work. 10
Manager to assess and respond to risk
11. (1) Every manager must-
(a) identify the hazards to health or safety to which

employees may be exposed while they are at work;
(b) assess the risks to health or safety to which employees 15

may be exposed while they are at work;
(c) record the significant hazards identified and risks

assessed; and
. ,(d) make those records available for.inspection by

employees. 20
(2) · Every manager, after consulting the health and safety

committee at the mtne, must detennine all measures,
· including changing the ·organisation of work and the design
of safe systems of work, necessary to -
(a) eliminate any recorded risk; 25
(b) control the risk at source;
(c) minimise the risk; and
(d) in so far as the risk remains -

18 No. 17242 GOVERNMENT GAZETTE, 14 JUNE 1996
Act No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996

s11
i (i) provide for personal protective equipment; and
a
(ii) institut~ programme to monitor the risk to
which employees may be exposed.
(3) Every manager must, as far as reasonably practicable,

implement the measures determined necessary in terms of 5
subsection (2) in the order in which the measures are listed
in the paragraphs of that subsection.
(4) Every manager must -
(a) periodically review· the hazards identified and risks

assessed, including the results of occupational hygiene 10
measurements and medical surveillance, to determine
whether further elimination, control and minimisation
of risk is possible; and
(b) consult with the health and safety committee on the
review. 15
(5) Every manager must -
(a) conduct an investigation into every-
(i) accident that must be reported in terms of this

Act;
(ii) serious illness; and 20
(iii) health-threatening occurrence;

(b) consult the health and safety committee on
investigations in. terms of this section;
(c) conduct an inves~igation in co-operation with the
.health and safety representative responsible for the 25
working place in which the investigation takes place;
(d) on completion of each investigation, prepare a report
that-
I ' . '
(i) whenever possible, identifies the causes and the

underlying causes of the accident, serious 30
illness or health-threatening occurrence;
(ii) identifies any unsafe conditions, acts, or
procedures that contributed in any manner to the
accident, serious illness or health-threatening
occurrence; and

s12
(iii) makes recommendations to prevent a similar

accident, serious illness or health-threatening
.. occurrence; and
(e) deliver a copy of the report referred to in paragraph

· . (d) to the health and safety committee. If there is no 5
health and safety committee the manager must deliver
· a copy of the report to the health and safety
' ripresentative responsible for the working place.
! •
11 (B)-Section 60, on page . (6) . An. investigation n~ferred to in subsection (5) may be held
60, empowers an inspector jointly wi~ an investigation conducted by an inspector in 10
to investigate health and terms of section 60.
safetY haiaids if instructed
by the Chief Inspector or (7) If there is no health and safety committee at a mine, the
requested by a trade u~ion, consultations required in this section must be held with -
a health and safety
representative or a health . (a) the health and safety representatives; or
and safety committee. .j •
(b) if there is no health and safety representative at the 15

mine, with the employees.
Manager to conduct occupational hygiene measurements
12. (1) The manager must engage the part-time or full-time

services of a person qualified in occupational hygiene
techniques to measure levels of exposure to hazards at the 20
mine- (; ~ '
(a) if required to do so by regulation or a notice in the

Gazette; or
(b) if, after assessing risks in terms of section 11(1), it is

necessary to do so. 25
(2) . Every system of occupational hygiene measurements

must-
(a) be appropriate, considering the hazards to which the
... employees are or may be exposed; and
(b) ·be designed .so that it provides information that the 30
.. ' .
manager can use in determining measures to

elimimite, control and minimise the health risks and
hazards to which employees are or may be exposed.
20 No. 17242 GOVERNMENT GAZETIE. 14 JUNE 1996
Act No. 29, 1996 MINE HEALTH AND SAFETY ACf. 1996

s13
(3) The manager must keep a record of all occupational

hygiene measurements in terms of subsection (l) in a
manner that can be linked as far as practicable to each
employees record of medical surveillance.
Manager to establish system of medical surveillance 5
13. (1) The manager must establish and maintain a system of

. • medica{surveillance
. of employees exposed to health
.
hazards-
(a) if required to do so by regulation or a notice in the .
· Gazette; or 10
(b) if, after assessing risks in terms of section 11 ( 1), ·i! is

necessary to do so.
(2)' Every system of medical surveillance must -
(a) be appropriate, considering the health hazards to
which the employees are or may be exposed; 15
(b) be designed so that it provides infonnation that the

manager can use in determining measures to -
· (i) eliminate, control and minimise the health risk
and hazards to which employees are or may be
exposed; or 20
(ii) prevent~ detect and treat occupational diseases;

and
(c) consist of an initial medical examination and other

medical examinations at appropriate intervals.
' '
(3) Every manager who establishes or maintains a system of 25
medical surveillance must -
(a) engage the part-time or full-time services of-
(i) an occupational medical practitioner; and

· (ii) in so far as it is necessary, other practitioners
•: · ... '
hold~ng a qualification in occupational medicine 30
_, . recognised by the Interim National Medical and
''·
Dental Council of South Mrica or the South
··. African ·Interim Nursing Council;

a13-.
(b) supply the practitioners with: the means to perform

their functions; and
(c) keep a record of medical surveillance for each
··employee expo~~d. to a health hazard.
(4) A ma~age~ may engage the services of a medical 5

. practitioner to perform. the functions of an occupational
_- · medical pr~ctitioner in· terms of this Act until the services
of 'an occupational
·- ' : . ..: -
:.
medical
. ~
practitioner
.
can be obtained.
(5) An occupational medical practitioner must take every

·, . . measure tha.t is reasonably practicable to - 10
(a) promote the health and safety of employees at the

miiie; and ..
(b) assist employees in matters related to occupational

medicine.
13(6)-Employees have the. If any e~ploye~ is declared unfit to perform work as a . 15

right to challenge a decision result of an occupational disease, the manager must' . .
that they are unfit to . conduct an investigation in terms of section 11(5). .~- .. _.
perform work. See s. 20, ' - ~ ... ~
beginning on page 24.. (7). lfan employee is temporarily unfit to perform work as ':1.
result of any occupational disease, _but there is a .
reasonable ~xpectation that the employee's health will 20
improve so that the employee can return to work, the
occupational m'edical practitioner must record that fact and
notify.·both the
. .. .
employer
.
and employee
; '
'...
of it.
(8) The manager must-·

(a)· retain the records referred to in sections 12(3), 25
13(3)(c) and 14(1) until the mine closes; and
: . •' ' .
I , -.
(b) when
' .
the
.
mine
.
closes, deliver those records to the
,·. Medical !nspe.ctor.
22 No. 17242 GOVERNMENT GAZE'ITE, 14 JUNE 1996
Act No. 29; 1996 MINE HEALTH AND SAFETY Acr, 1996

s14-16
., Record of hazardous work·
14. (1) The manager at every mine must keep a service record, in
··. ·"the prescribed ·forln, of employees at the mine who perform
.: ' .work 'hi respect of which medical surveillance is conducted
in terms of section 13. 5
1-•
1
•. ' . _,:(2) : 1be·l1uznager mustdeliver to the Medical Inspector a copy
. .. of the relevant' part of the record kept in terms of
subsectiori . (l) _ :'. ' .
' . . .- ~
· (a) · when an employee whose name appears in that record
.ceases to be e'mployed at that mine; or 10
'(b) when required to do so by the Chief Inspector.
Record of medical surveillance
15(1)-lmproper disclosure 15. ( 1) An employees: record of medical surveillance kept in terms

of confidential infonnation is of section 13(3)(c) ~us~ be kept confidential and may be . _
' .. ~ ..
made available only.·_. . .
an offence.
.
See
:·
s. '87,. on
.. .
15
page 73.
15(1)-Breach of . (a) in accordance with the ethics of medical practice;
confidence may result in an . .
administrative sanction. See (b) if requi~ed -~y _law or court order; or

s. 39, beginning on page
43. ··'(c) · ir'the employee has consented, in writing, to the
· release of that information.
· (2)' Any-person'required to maintain an employee's record of 20

medical surveillance must -
(a) store it safely; and
(b) not destroy it or dispose of it, or allow it to be

: destroyed or disposed of, for 40 years from the last
· ··date· of the medical surveillance of that employee. 25
Annual medical reports
16. (1) Every occupational medical practitioner at a mine must

compile an annual report covering employees at that mine,
giving an analysis of the employees' health based on the
GOVERNMENT GAZETTE.; 14 JUNE 1996 No. 17242 23

s17-18
·employees' records of medical surveillance, without

disclosing the names of the employees.
• : .J
· (2) The annual report compiled in terms of subsection (1) must

be given to the manager, who must deliver one copy of
the report to each of-· . 5
(a) the owner;

''
(b) th~ health and safety committees, or if there is no · ~ · -

- .,.
health and safety committee, the health and safety
representatives; and
.. •.. ! . :- - ·J
'·' I .
·(c) ·the Medical Inspector. lO
: -~: ' . ! .
Exit certificates •'··:, > • ; ;• .* .__)
17. (1) If an employees employment at a mine is tenriinated for ·

any reason, the ~nager must arrange an exit medical '··.
I , /:, ':
examination of th~ employee.
.· :(2) The examination referred to in subsection (1) must be held 15

before, or as somi as possible after, termination of
employment.
. ..
,
(3). The employee. ~u~t attend the examination.
. .. . .(4) ,J?e ~ccupational. m~dical practitioner conducting the

examination must·-· 20
·. ;. ·_. '
(a) . produc~ an e~it certificate with respect to that
employee indicating the results of all medical
. ' surveillance and the presence or absence of any
occupational disease; and
' :. ~
'' !
, (b) · entera copy of the exit certificate into the employee's 25

·' record of medical surveillance.
j a. ' .. - ·, :_
-
·Costs of examination . ·
18. 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. 30
24 No. 17242 GOVERNMENT GAZEITE. 14 JUNE 1996
Act No. 29, 1996 MINE HEALTH AND SAFETY ACf, 1996

s19-20
Employees' right to information
19. (1) An employee may request, and the manager must then
provide; a copy of the record or of any part of it that -
19(1)(a)-Section 12(3), on (a) is being kept in terms of sections 12(3) and 13(3)(c);
page 20, instructs the and 5
manager to keep a record
of all occupational hygiene (b) relates to that employee.
measurements so that they
can be linked to each · (2), The. occupationa~. medical practitioner conducting an
employee's record of exainination in te~s of section 17 must provide the
medical surveillance. employee with a copy of the exit certificate prepared as a
19(1)(a)-Section 13(3)(c), result of that examination. 10
on page 21, instructs every
manager to keep a record Employee may dispute finding of unfitness to perform
of medical surveillance for
work · ··· ·
each employee exposed to
' I • • '
a health hazard. 20.· (1) An employee may appeal to the Medical Inspector
. . ag~nst -.. . . : .-
(a) a decision that the employee is unfit to perform any 15

particuiar category of work; or
(b) any finding of an occupational medical practitioner

contained in an exit certificate prepared in terms of
· seCtion 17; -
(2). An appeal uncle~ subsection(l) must- 20

.- .
(a) be lodged with the Medica/Inspector within 30 days
of the relevant deCision or finding; and
- '
·- (b)· state the grounds of the appeal.
(3) When the Medical Inspector receives an appeal under

subsection (1), the Medical Inspector must choose a 25
medical practitioner who is not employed by the employer
of the employee, and arrange for that employee to be
re-examined by that medical practitioner, at the cost of the
Chief Inspector.
. (4) The medical pr~ctitioner referred to in subsection (3) must

MINE HEALTH AND SAFETY ACf, 1996 Act No. 29, 1996

s21
report to the Medical Inspector, who must then consider

·the appeal and.- . . , •
(a) confirm, set aside 'or vary the decision or finding of
·the occupational medical practitioner, or
(b) substitute any other decision or finding for that 5

·· deCision or finding.
(5) ·. Not~ing in tl1is section precludes an employee from-

.Aa) obtainii_1g and paying for a medical opinion from any
other medical practitioner; or
(b)· pursuing· any other legal remedy. 10
(6) .. For. the purposes of this. section, "employee" includes any

applicant for employment who has previously been
employed at a mine.
Manufacturer's and supplier's duty for health and safety
21-Negligent failure 21. (l) Any person who - 15

resulting in endangerment
(a) designs, manufactures, repairs, imports or supplies any
to a person at a mine is an · '·
offence. see s. as; · · ··

article for use at a mine must ensure, as far as
beginning on page 72.
. reasonably practicable -
(i) that the article is safe and without risk to health

a~d safety when used properly; and 20
(ii) that it complies with all the requirements in

terms of this Act;
(b) erects or installs any article for use at a mine must

ensure, as far as reasonably practicable, that nothing
' . .. about the manner in which it is erected or installed 25
makes it unsafe or creates a risk to health and safety
when used properly; or
(c) designs, manufactures, erects or installs any article for

use at a mine must ensure, as far as reasonably
practicable, that ergonomic principles are considered 30
.. and implemented during design, manufacture, erection
or installation.
26 No. 17242 GOVERNMENT GAZEITE, 14 JUNE 1996

s21
(2) Any person who bears a duty in terms of subsection (1) is

relieved of that duty to the extent that is reasonable in the
circumstances, if -.
.. (a) that person designs, manufactures, repairs, imports or
supplies an article for or to another person; and 5
(b) .. that other person provides a written undertaking to

take specified steps sufficient to ensure, as far as
reasonably practicable, that the article will be safe
and without risk to health and safety when used
.,
properly and that it complies with all prescribed
' .l
· requirements.
(3) 'Any person who designs or constructs a building or

structure, including a temporary structure, for use at a mine
' must ensure,· as far as reasonably practicable, that the
i '
' design or construction is safe and without risk to health 15
and safety when used properly.
(4) Every person who inamifactures, imports or supplies any

hazardous substance for use at a mine must -
' '
(a) ensure, as far as reasonably practicable, that the .. • . 1
,. substance is safe and without risk to health.andsafety. 20
· when u·sed; handled, processed, stored or transported
at a mine iri accordance with the information provided
in terms of paragraph (b);
(b) 'provide· adequate information about -

(i) · the use of the substance; 25
" 1-·
(ii) the risks to health and safety associated with the

. .
··- substance; .· .
(iii) any restriction or control on the use, transport

• and. storage of the substance, including but not
limited to exposure limits; 30
(iv) the safety precautions to ensure that the

substance is without risk to health or safety;
(v) the procedure to be followed in the case of an

. accident involving excessive exposure to the
GOVERNMENT GAZETTE. 141UNE 1996 No. 17242 27 .
MINE HEAL1H AND SAFETY ACf, 1996 Act No. 290 1996

s22
substa;nce, or any other emergency involving the

substance; and
(vi) the disposal of used containers in which the

substance has been stored and any waste
. involving the substance; and · 5
21(4)(c}-The Harzardous . (c) ensure that the information provided in terms of

Substances Act provides for paragraph (b) complies with the provisions of the
the control of substances Hazardous Substances Act, 1973 (Act No. 15 of
which may cause ill health 1973)..
due to their toxic or.
flammable nature. Employees' duties for health and safety 10
22-lt is an offence to fail -· 22. Every employee at a. mine,.while. at that mine, must-
to comply with a duty under
this Act. Sees. 91, (a) . take reasonable care to protect their own health and .
beginning on page 74 . . safety;
(b) take reasonable care to protect the health and safety of

other: persons who may be affected by any act or 15
omission of that employee;
22(c}-Employers have a . · (c) use and take proper care of protective clothing, and
duty to provide personal . other health and safety facilities and equipment
protective equipment for provided for the protection, health or safety of that
employees. See s.6, on employee and other employees; 20
page 13.
22-lt is an offence to · . · · · . (d) report promptly to their immediate supervisor any
discriminate against an : situation which the employee believes presents a risk
employee who has asserted · to the health or safety of that employee or any other
any right granted by this person, and with which the employee cannot properly
Act. See s. 83, on page 71. deal; 25
(e) . co-operate with any person to permit compliance with

the duties and responsibilities placed on that person in
terms of this Act; and
(f) comply with prescribed health and safety measures.

28 No. 17242 GOVERNMENTGAZETIE;l4 JUNE 1996
Act No. 29. 1996 MINE HEALTH AND SAFETY ACf, 1996

s23
Employees' right to reave dangerous working place
23-lt is an offence to 23. (1) The employee has the right to leave any working place
discriminate against an whenever--·
employee who has asserted
.· . ·.
any right granted by this (a) circumstances arise at that working place which, with
Act. See s. 83, on page 71. reasonable justification, appear to that employee to 5
; .
23(1)-A health and safety pose a serious danger to the health or safety of that
representative has the right - .. ' .. . · •employee; or
to direct an employee to ..
leave a dangerous working (b) the health and safety representative responsible for
place. Sees. 30(1)(b). on that working place directs that employee to leave that
. ..
working place. . . . .
·, •, ~
page 34. '

.•
10
.· ·' . (2) Every manager, after consulting the health and safety :
committee at the mine, must detemiine effective procedures
·.--.. " ·for the general exercise of the rights granted by subsection
( 1). and those procedures must provide for -
(a) notification of supervisors and health and safety 15

representatives of dangers which have been perceived
:and responded to in terms of subsection (1);
(b) participation by representatives of management and .

·representatives of the employees in endeavouring to
-resolve any issue that may arise from the exercise of 20
· the right referred to in subsection (1 );
: (c) participation, where necessary, by an· inspector or·

technical adviser to assist in resolving any issue that·
·may arise:from the exercise of the right referred to in ·
· subsection (I); 25
(d) where appropriate, the assignment to suitable alternate

work ·of any employee who left, or refuses to work in,
a working place contemplated. in subsection (1); and
(e) notification to any employee who has to perform work

· or is requested to perform work in a working place 30
contemplated in subsection (1) of the fact that another
employee has refused to work there and of the reason
for that refusal.
MINE HEALTII AND SAFElY ACT, 1996 Act No. 29, 1996
Health and Safety at Mines · ·

s24 ·
· (3f If there is no health and safety committee at a mine, the

consultation required in subsection (2) must be held
with- · ' ··· . -· ··
(a) the health and safety representatives; or

.'
~ .
,...
.' . ·.
t.
(b) if there is no health and safety representative at the 5

' .mine, with the employees... ·. .
' · .·
Employees not to pay for safety measures _· ·
24. 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 10
to do in terms of this Act in the 'interest of the health and safety
of an employee.
30 No. 17242 GOVERNMENT GAZETIE, 14JUNE 1996
Act No. 29, 1996 MINE HEAL1H AND SAFETY ACI', 1996
Health and Safety Representatives and Committees

s25-26
CHAPTER 3
HEALTH AND SAFETY REPRESENTATIVES AND

COMMITTEES
Health and safety representatives and committees
25(1)-The process for 25. (1) Every mine with 20 or more employees must have a health 5
designating working places and safety representative for each shift at each designated
is set out ins. 27, on page · · working place at the mine.
33.
(2) Every mine with 100 or more employees must have one or
more health and safety committees.
25(3)-lt is an offence to . · (3) . A health and safety representative or a member of a health 10

fail to do anything required and safety committee does not incur any civil liability only
by this Act. See s. 91, because of doing or failing to do something which a health
beginning on page 74. and safety representative or a member of a health and
safety committee may do or is required to do in terms of
this Act. 15
Negotiations and consultations before appointment of

representatives
26. (1) The owner of any mine where there must be a health and
safety representative in terms of section 25 must meet,
within the prescribed period, with the representative trade 20
union of the mine to enter into negotiations to conclude a
collective agreement concerning-
(a) the designation of working places;
(b) the number of full-time health and safety

representatives; 25
(c) the election or appointment of health and safety

representatives;
(d) the terms of office of health and safety representatives

and the circumstances and the manner in which they
may be removed from office; 30
(e) the manner in which vacancies are to be filled;

MINE HEALTII AND SAFETY Acr, 1996 Act No. 29, 1996

s26
(f) .. the manner in which health and safety representatives

must perform their functions in terms of this Act;
(g) the procedures for the effective exercise of the right to
withdraw from serious danger in terms of section 23;
26(1)(h}-Section 30(1)(i), :(h) circumstances and the manner in which meetings 5
on page 35, allows a health referred to in sections 30(l)(i) and 31(2) must be
and safety representative to ·held;
attend any meeting of a
health and safety committee
when appropriate. Section
31(2), on page 37, requires
a manager to provide·
reasonable time and
facilities for employees to
meet monthly with their
health and safety ··
representative.
26(1)(i)-Section 31(3), on (i) the facilities and assistance that must be provided to a
page 37, requires a health and safety representative in terms of section
manager to provide health 31(3); 10
and safety representatives
with the facilities, . (j) the training of health and safety representatives;
assistance and training
necessary to enable them (k) a procedure that provides for the conciliation and
to function effectively.. ·. arbitration of disputes arising from the application or
the interpretation of the collective agreement or any
provisions of this Chapter; 15
(I) any prescribed matter; and
(m) ·any other matter which the parties believe will

promote health and safety at the mine or mines
concerned.
(2) Before concluding a collective agreement referred to in 20

subsection (1) with the representative trade union, the
manager must· consult on the matters referred to in that
' subsection with all other registered trade unions with
members at that mine.
(3) A collective agreement referred to in subsection (1) may 25

include two or more owners as parties to the agreement.
32 No: 17242 GOVERNMENT GAZETIE, 14 JUNE 1996
Act No. 29, 1996 MINE HEALTH AND SAFETY ACf. 1996

s26
.· (4) To the extent- that an agreement concluded in terms of

subsection ( 1) deals with any matter regulated by this
., Chapter, the p~ovisi_ons of this Chapter do not apply.
26(5)-See Part B of (5) The provisions applicable to collective agreements in terms

Chapter..~ of, the Labour of the Labour Relations Act, read with the changes 5
Relations Act. required by the context, apply to agreements concluded in
terms of subsect!on. (1). · ·
(6) If there is no representative trade union at the_mine, the

manager must within the prescribed period -
(a) consult with the registered trade unions with members 10

at the mine on the matters referred to in subsection. .
(1); and
(b) endeavour to reach agreement on the number of

full-time health and safety representatives at the mine . .
.·.. (7) ' If there is no registered trade union with members at the , 15
mine,· the manager must, within the prescribed period -
(a) consult with the employees or any elected ·

·. . . ·· representative of the employees on the matters referred
to in subsection (1); and
.· . .. . j
(b)· endeavour to reach agreement on the number of

'.'·.... · . · 'full-time·health and safety representatives at the mine .
.. ,
(8) A dispute exists if either-
(a) no collective agreement in terms of subsection (1) is

concluded on the number of full-time health and
. safety representatives at a mine; or 25
(b) no agreement is reached in terms of either subsection

· · ·· · · · (6)(b) or (1)(b) .
. ,. . t .: ' ·• -
· ·.···: · · (9) When a dispute exists in terms of subsection (8), any party
to the dispute may refer it to the Commission.
(1 0) When a dispute is referred to the Commission under 30

subsection (9), the Commission must attempt to resolve it
through conciliation.
GOVERNMENT GAZETIE. 14 JUNE 1996 No.17242 33

s27-28
~ ·. (11) If a dispute remains unresolved, any party to the dispute

may request that it be resolved through arbitration, in
:·.: · which case the Commission, taking into account the
. guidelines. in Schedule 1, must determine the number of
. full-tif!Ie h~alth 'and safety representatives. 5
(12) Nothing in this section precludes the manager from

·· . consulting.with any employee who is not a member of a
registered trade union or any representative of those
. · employees concerning the matters referred to in subsection
(1). 10
Designation of working places

,, '. ... ·.· . .
-27. (1) If a collective agreement is concluded after the

:negotiations arid consultations referred to in section 26, the
manager must designate working places at the mine in
·· • 1 .
accordance with that_agreement. 15
(2) If no collective agreement is concluded after the

. I
negotiations and consultations referred to in section 26, the
man~ger ~u'st desig~ate. working places at the mine so
that-
., . ' (a) ·;everjr'wbrking place at the' mine is designated; 20
I ' ~ ·, (b) . no health .and safety represent~tive is responsible for

more than 100 employees; and'
.· . " -
(c) no health and safety representative is responsible for

more than 50 employees if the designated working
place inCludes separate working places. 25
Qualifications of representatives
·, .. ; ·..
. I '
28(1)-Sectici~ 25(1); 'ori 28.· (1) To qualify to ser-Ve as a health and safety representative
pag~ 30, ~tipulates that . _ ". .. referred.to in section 25(1), an employee must,-
. ::
every mine with 20 or more
employees must have a (a) . be employed in a full-time capacity in the de~ignated_
health and safety .working_place; and . .. .. - ' . . .. ~ ' :· .. ~ 30
representative for each shift . . . . . :·-· . ~ ; . ; . .. .. ~ : : .. . \
' . , I
at each designated working· (b) be acquainted with' conditions and ac~ivities at th~ .. .. '
place. designated working place. · ..
(2) To qualify to serve as a full-time health and safety

representative an employee must -
Act No. 29, 1996 MINE HEALTII AND SAFETY ACT, 1996

s29-30
(a) be employed in full-time capacity at the mine; '
(b) comply,with any other qualifications which may be-

(i) agreed by a health and safety committee; or
(ii) prescribed.
Election and appointment of representatives 5
29•. (1) At a mine referred to in section 25(1), the employees in a

designated working place may elect from among
themselves health and safety representatives.
29(2)-Section 26, (2) . The" ·e ;,ployees at the mine may elect from among
beginning on page 30, themselves any full-time health and safety representatives 10
deals with the election or that may be agreed or determined in terms of section 26.
appointment of health and
safety representatives.
(3) The elections referred to in subsections (1) and (2) must be
conducted in the prescribed manner.
(4) The employees elected as representatives in terms of this
s·ection must be appointed by the manager in the 15
prescribed manner.
. Rig~ts and powers of representatives
30. · (1) A health and safety representative may-

(a) represent employees on all aspects of health and
safety; 2.0
(b) .direct any employee to leave any working place

whenever circumstances arise at that working place
.Y~hich, with reasonable justification, appears to the
health and safety representative to pose a serious
danger to the health and safety of that employee; 25
30(1}(c)-Section 23, · (c) assist any employee who has left a working place in
beginning on page 28, terms of section 23;
empOwers an employee to ..
leave any dangerous (d) . identify potential hazards and risks to health or safety;·
working place and requires (e) make representations or recommendatio-ns to the
' .
every manager to follow
certain procedures in this
regard.
GOVERNMENT GAZETTE. 14 JUNE 1996 No. 17242 35
MINE HEALTII AND SAFETY Acr. 1996 . Act No. 29, 1996

s30
manager or to a health and safety committee on any

matter affecting the health or safety of employees;
(f) inspect any relevant document which must be kept in

terms of this Act;
.(g) reques~ relevant information and reports from an 5
inspector;
(h) with the approval of the manager, be assisted by or
. consult an adviser or technical expert who may be
either another employee or any other person;
(i) attend any meeting of a health and safety 10
committee-
(i) of which that representative is a member; or
(ii) which 'Yill consider a representation or
recommendation made by that representative;
..
UJ request- 15
30(1)U}(i}-Section 60, on (i) an inspector to conduct an investigation in .:··
page 60, requires an ..' • terms of section 60; or

inspector to investigate
(ii) the Chief Inspector to conduct an i~quiry in
serious health and safety
terms of section 65;
contraventions. • I
(k) participate in consultations on health and safety . 20

with-
(i) the manager or person acting on behalf of the
manager; or
(ii) an inspector;
. . .: (l) . participate in any health and safety inspection by -.· . 25
(i) the manager or person acting on behalf of a .

manager; or
.. '
30( 1)(l)(ii}-lnspections are ·: (ii) an inspector;

carried out by inspectors
acting under section
50(2)(e). See page 55.
Act No. 29, 1996 . MINE HEALTII AND SAFETY ACf, 1996

s30
(m) inspect working places with regard to the health and

safety of employees at intervals agreed with the
manager;
(n) participate· in any internal health or safety audit;
(o) investigat~ complaints by any employee relating to 5

health and safety at work;
·.·: (p) :examine the causes of accidents and other dangerous

occurrences in collaboration with the manager or
person acting on behalf of the manager;
(q) visit the site of an accident or dangerous occurrence at 10

any reasonable time;
.. (r) ·'attend a post-accident inspection;
30(1 )(s)-Section 11 (5), on (s) co-operate with the manager in the conducting of
page 18, requires every investigations in terms of section 11(5);
manager working in
co-operation with a health (t) participate in an inquiry held in terms of section 65; 15
and safety representative to and
investigate health
threatening situations. (u) perform the functions -
Section 11 (6) provides that •'
-.
this investigation may be (i) agreed by the health and safety committee; or
cond~cted jointly with an
inspector. · (ii~ prescribed.
30(3)-Section 25{1), on (2) The rights and powers referred to in subsection (1) apply 20
page 30, stipulates that to health and safety representatives referred to in section
every rriine with 20 or more. 25(1) only in respect ofthe working places for which they
employ~es must have a . are resp()nsible.
health and safety
representative for each shift (3) If a health and safety representative requests information
at each designated worl<ing or reports under subsection (l)(g), the inspector must· 25
place. supply the representative with the information or reports in
their possession.
(4) A manager may not unreasonably withhold the approval

required in terms of subsection (l)(h)_
GOVERNMENT GAZETTE. 14 JUNE 1996 No. 17242 37

s31
(5) A health and safety representative intending to exercise the

right to inspect working places under subsection (I)(m)
must-
(a) give the manager reasonable notice of the inspection;

_.and 5
(b) permit the manager to participate in the inspection.
· :. (6) ·Health and safety. representatives are entitled to perform

their. functions and to receive training during ordinary
working hours .
• -· ' J' •• •
(7) .An)' time reasonably spent by a health and safety 10

representative for a purpose referred to in subsection (6)
must be considered for all purposes to be time spent
' carryingoutthe employment duties of that representative.
Duty to compensate and assist representatives

.·.
31. (1) The manager must pay every full~time health and safety 15
· representative appropriate remuneration at least equal to
· ~--the remuneration the representative earned immediately
-. before being appointed as a full~time health and safety
representative.
• : ' J ' ' ~ • f' t. : -'
.. (2) The mcmager m~st provide reasonable time and facilities 20

for employees to meet monthly with their health and safety
representatives in order to consider -
(a)
.
. health and. safety in their
' . .
working places; and
(b) reports by the representativ~s on the performance of

their functions. 25
(3) The manager must pr<~>Vide health and safety

representative~ with - ·.
. (a) the facilities' and assistance reasonably necessary to

perform their functions;
(b)·: training that is reasonably required to enable them to 30

· perform their functions; and
38 No. 17242 GOVERNMENT GAZETTE, 14 IUNE 1996
Act No. 29; 1996 MINE HEALTH AND SAFETY ACf, 1996

s32-33
(c) time off from work, without loss of remuneration, to

.,. attend any training course that is agreed or prescribed.
(4) Unless otherwise agreed, the assistance referred to in

. subsection (3)(a) does not include any costs associated
with advisers or independent experts contemplated in either 5
section 30(I)(h) or section 36(l)(g).
(5) On the completion of a tenn of office as a full-time health

and safety representative, the health and safety
. representative is entitled to -
(a) employment in the same position held immediately 10
b_e~ore being.appointed as a full-time health and safety .
representative; .or
(b) employm_
e nt in.a position that is at least as favourable
as the position held immediately before being
appointed a full-time health and safety representative. 15
Duty to inform representatives
32. 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-
(a) in good time, of inspections, investigations or inquiries 20
of which an in_spector has notified the manager; and
,· (b) 'assoon as p~~cticabie, of any accident, serious illness or

he~lth-threatening occurrence, or other dangerous event.
Negotiation and consultation on establishment of

committees 25
33(1)-Section 25(2), on 33. (1) The owner of any mine in respect of which a health and
page 30, provides that . safety committee must be established in tcnns of section
every mine with 100 or 2.5(2), must ineet, within the prescribed period, with the
more employees must have representative trade union at the mine to enter into
one or more health and negot~ations to concl~de a collective agreement 30
safety committees. concerning -.
(a) the number of health and safety committees to be
· .·· - · . established at the ·mine and the working places for
which they will be responsible;
GOVERNMENT GAZETTE, 14 ruNE 1996 No. 17242 39

s33
· (b) . the number of management and employee

, representatives on the committees;
(c) the election and appointment of members of health
' · and safety ·committees;
(d) the terms of office of members of the health and 5

· safety com11Jitle~ and the circumstances and the
manner in which the members may be removed from
office;
.' ·(e) ·the manner in which vacancies are to be filled;
(f) the circumstances and the manner in which meetings 10

may be held;
... - ~\.. ~ 1 . ~ .. •
\ ,< ·· ! .. • .1. . ; • ~ • ~; ~
(g) the facilities and assistance which must be provided to

. : ' .. .health and safety committe~s·in terms of section
'31(a); and ·
. . . . (h). a procedure that provides for the conciliation and 15

· arbitration of disputes arising from the application or
interpretation ofthe collective agreement in terms of
any.provision of this Chapter..
(2) Before concluding a collective agreement referred to in

subse~tion (1) with the representative trade union, the 20
manager must consult on the matters referred to in that
subsection with all other registerei trade unions with
.. members at that mine.
... ' ' ,: , _ ,.. - ;"'·:
(3) A collective agreement referred to in subsection (1) may
or'
include' two' more owners as parties to the agreement. 25
' (4) To the extent that an agreement concluded in terms of

subsection (1) deals with any matter regulated by this
Chapter, the provisions of this Chapter do not apply.
Section 33(5}-See Part B (5) . The provisions applicable to collective agreements in terms
of Chapter 3 of the Labour of the Labour Relations Act, read with the changes 30
Relations Act. required by the conte~t. apply to agreements concluded in
.. terms of subsection ( 1).
Act No. 29, 1996 MINE HEALTH AND SAFETY ACI', 1996

s34
(6) ·If there is no representative trade union at the mine, the

manager must consult, within the prescribed period, with
the registered trade unions with members at the mine on
the m.atters refef!ed to In subsection (1).
(7) . If there is no registered trade union with members at the 5
mine, the manager must, within the prescribed
· period, consult with the employees or any elected
representatives 'of the employees on the matters referred to
in subsection (1). · .
·. (8) , The negotiations and consultations referred to in this lO

section may be held at the same time as those referred to
•
. . . . in section 26. ·
1:% _,
; \·.
Establishment of health and safety co~mittees
34•.; (1) . If a collectiye agre~ment is concluded in terms of section

33(1), health and safety committees must be established in 15
terms of that agreement.
(2) ·uno collective agreement is concluded in terms of section
33(1), the manager must establish health and safety
. committees after the consultation referred to in section
33(6) or (7) ·arid in accordance with this section and the 20
regulations.
· !'
· (3) , A health and safety committee mus~ consist of-

(a) !at least foure~ployee representatives; and
(b) a number of management representatives equal to or
less than the number of employee representatives. 25
.(4) The health and safety representatives must appoint the

employee representatives on the health and safety
. commfttee. The .employee representatives must be -
(a) broadly representative of the working places at the
mine; and 30
.(b) ' employees at th~t mine.
(5)· No more than two ofthe employee representatives may be·

appointed from full-time employees who are not health and
safety representatives, unless all of the health and safety
representatives have been appointed to the committee and 3
there are still employee committee positions to be filled.

535-36
(6) .The manager must appoint the management representatives

on the health and safety committee. The persons appointed
must include persons who have authority to develop and
implement health and safety policies at the mine.
Committee procedures 5
35. (1) The employee and management representatives o~· a health·.

and safety committee must each elect a chairperson· from ·
their number. Unless otherwise agreed by the committee,
the two chairpersons must alternate as the presiding ·
chairperson of the committee. 10
(2) Uniess otherwise agreed by a health and safety_ committee,

the committee must meet at least once a month.
(3) A health and safety committee may determine its own rules
· and procedures.
(4) Persons other than employee or management 15
representatives may be invited to attend meetings of the
health and safety committee and to participate in its
. proceedings. . ..
Rights amJ powers ~~ health and safety committee

36. (l). A health and.safety committee may- 20
. . :
(a) represent employees on all aspects of health and

safety;
. '
36(1)(b)-Section 97(2), on (b) participate in consultations on any health and safety
page 78, empowers the matter listed in the Schedule referred to in section
Minister after consulting the .. 97(2); 25
Council to_ publish a notice
in the Gazette that adds a
further Schedule cont~ining
matters in respect of which

health and safety
committees may consult.
36(1 )(c)-The rules (c) requ-est the Chief Inspector to review any code of
governing codes of practice prac~ce;
are set out in s~ 9, on 'page
15. ' (d) request relevant information from any person who is
required, in ternis of this Act, to provide that
information to the committee; 30
42 . No. 17242 GOVERNMENT GAZEITE, 14 JUNE 1996
Ac:t No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996

s37
(e) agree on additional qualifications or functions of

health and safety representatives;
(f) request - ··
36(1)(f)(i)-Section 60, on (i) ari inspector to -conduct an investigation in

page 60, requires an. terms of section 60; or 5
inspector to investigate
. ..
serious. health and safety .
contraventions.
. '
'
36(1)(f)(ii)-Section 65, on (ii) .the Chief Inspector to conduct an inquiry in:
page 62, requires the Chief terms of section 65;
Inspector to direct an ·
inspector to conduct an (g) with. the approval of the manager. be assisted by or
Inquiry Into the death of any consult an adviser or a technical expert who may be
person and into any health either another employee or any other person; 10
and safety contraventions.
(h) take reasonable time to prepare for each meeting of
the committee; and·
( i) take reasonable time to report on meetings of the

committee to the health and safety representatives at
the mine. · · ·' · 15
(2) · No manager may unreasonably withhold the approval

required in terms of subsection (l)(g).
(3) Members of health and safety committees are entitled to

perform their functions and to receive training during
ordinary working hours. ·· 20
(4) Any time reasonably spent by a member of a health and

safety committee for a purpose referred to in subsection (3)
must be considered for all purposes to be time spent :_
carrying out the employment duties of that member.
Duty to support committee 25
37. The manager must -. . ' • -. ... .

(a) provide thehealth and safety commit~ee ~ith the
facilities and assistance reasonably necessary to perform
its' functions;
GOVERNMENT GAZETIE, 141UNE 1996 No. 17242 43
HeaHh and Safety Representatives and Committees

.538-39
37(b)-Section 2(1)(c), on. (b) supply the health and safety committee with the annual
page 11, requires .the owner. report referred to in section 2(1)(c) and any information
to compile an annual report necessary to perform its functions.
on health and safety at the
mine. Disclosure of information ·
38-Section 65, on page 38.·. (1) Whenever a manager, inspector or a person who conducts 5
62, requires the Chief an inquiry in terms of section 65, is required by the
Inspector to direct an · provisions of this Chapter to supply information or reports
inspector to conduct an · to a health and safety representative or to the health and
inquiry into the death of any safety" committee, that manager, inspector or person -
person and into any health
and safety contraventions.
(a) must not disclose any information that is private 10
3~1mproper disclosure· of persona~ information relating to an employee, unless
confidential information is ·-·. ·' the_ employee consents in writing to the disclosure of
an offence. Sees. 87, on · that information; and
page 73. (b) is not required to supply any information -
(i) that is legally privileged; 15
(ii) that the manager, inspector or person could not

· disclose without contravening a prohibition
. imposed upon the owner or an employer by any
·law or court order; or
(iii) that·is confidential and, if disclosed, may cause 20
substantial harm to an employee or the owner or
,· ' •·an ·employer.
. (2) · No employee may unreasonably withhold the consent

: · · _. required in terms of su_bsection (l)(a).
' . ..
~~
- . . .-·'
Dispu~es concerning disclo~ure of information 25
39.· (1) If there is a dispute about what information is required to

be disclosed in tenns of the provisions of this Chapter, any
· party to the dispute may refer the dispute in writing to the
· Commission.
(2) The party who refers a dispute to the Commission must 30

satisfy it that a copy of the referral has been served on all
the other parties to the dispute.
(3) The Commission must attempt to_resolve the dispute

through conciliation.
Act No. 29, 1996 MINE HEALTII AND SAFETY ACT, 1996
Health and Safety Representatives· and Committees

' s39
' (4) If the· dispute remains unresolved, any party to the dispute·
· may request that the dispute be resolved through :
arbitration. ..
(5) A cornn1issioner appointed to arbitrate a dispute must first .

decide whether or not the information is required to be 5
· , · supplied in terms of the provisions of this Chapter. .
(6). · If the commissioner decides that the information is

required and if it is information contemplated in section
38(a) or. (b)(iii), the commissioner must balance the harm
that disclosure is likely to cause to an employee or owner. 10"
·: ·: · or employer·other than the owner, against the. harm· that the
··failure to disClose the information is likely to cause to the -
. ability of health and safety representatives or members of:
the· health· and safety committee to perform their. functions .
.
effectively.
. .
15
(7) If. the commissioner decides that the balance of harm

favours the disclosure of the information, the commissioner
. may ~rd~~ the disclosure of the information on terms
4esigned to "limit the harm likely to be caused to the
,,
employee ~r the owner or the employer. 20
(8) ·_.When making an order under subsection (7), the

c~mmissioner must take into account any previous breach
of confidentiality in respect of information disclosed in
terms of the provisions of this Chapter, and may refuse to
order the disclosure of the information or any other 25
. c~nfidential information which might otherwise be
disclosed for a period specified in the arbitration award.
: .. ·, .. . ~ .
(9) In any dispute about an alleged breach of confidentiality,

the commissioner may. order that the right to disclosure of
information in terms of the provisions of this Chapter be 30
withdrawn
. . ' .
fora. ..period
'·
specified in the arbitration award.

s40
Disputes concerning this Chapter
40(1)-Section 26(8), on .: 40•. (1)'. Any party. to a dispute about the interpretation or
page 32, provides that a application of any provision of this Chapter, other than a
dispute exists if no dispute contemplated in section 26(8) or 39, may refer the
collective agreement is dispute in writing to the Commission. 5
concluded or reached on·
the number of full-time (2) The party who refers a dispute to the Commission must
health and safety satisfy it that a copy of the referral has been served on all
representatives. · the other parties to the ·dispute.
(3) The Commission must attempt to resolve the dispute

. through ~onciliation. 1o
. · (4) If the dispute remains unresolved, any party to the dispute

may request that the dispute be resolved through arbitration
as soon as possible.
40(5)-See sections (5) The provisions relating to arbitration in the Labour

133-146 of the Labour Relations Act, read with changes required by the context, 15
Relations Act. apply to an arbitration referred to in sections 26(11) and 39
and subsection (4).
Act No. 29, 1996 MINE HEALll{ AND SAFETY ACf. 1996
Tripartite Institutions
s41-42
.CHAPTER 4
TRIPARTITE INSTITUTIONS
Establishment of tripartite institutions
41. (1) A Mine Health and Safety Council is hereby established to

advise the Minister on health and safety at mines. 5
(2) The following permanent committees of the Council are

hereby established -
(a) the Mining Regulation Advisory Committee;
(b) the Mining Occupational Health Advisory Committee;

and 10
(c) the Safety in Mines Research Advisory Committee.
(3) A Mining Qualifications Authority is hereby established to

advise the Minister on -
(a) the creation of a framework for qualifications and

learning achievements in the mining industry to 15
improve health and safety standards through proper
training and education;
(b) standards and competency setting, assessment,

examinations, quality assurance and accreditation in
the mining industry; and 20
41(3)(c)-The South African (c) linking the qualifications framework for the mining
Qualifications Authority Act industry to the National Qualifications Framework
provides for a National referred to in the South African Qualifications
Qualifications Framework Authority Act, 1995 (Act No. 58 of 1995).
which aims to enhance the
quality of education and Mine Health and Safety Council 25
training.
42. ( 1) The Council consists of -
(a) five members representing owners in the mining·

industry;
GOVERNMENT GAZElTE, 14 JUNE 1996 No; 17242 47
MINE HEALTH AND SAFETY ACT. 1996 Act No. 29, 1996
s43
(b);. five members representing employees in the mining

industry;
(c) four members representing dep.artments of the State;
and
. (d) the Ch~ef Inspector, who must chair the Council. 5
(2) The Minister must appoint the members of the Council and
the pennanent committees of the Council in accordance
.with the regulations.
42(3~Section 97(3), on (3) The Council, and the pennanent committees of the
page 78, empowers the Council, must govern themselves in accordance with the 10
Minister, after consulting the constitution contemplated in section 97(3).
Council and by notice in the
Gazette, to add a Schedule (4) The Council may delegate any of its powers or assign any
containing the constitution .. of its duties by or under this Act to any of its committees.
of the Council and its
permanent committees. (5) A delegation or an assignment under subsection (4)-
(a) must be in writing; 15
(b) may be subject to such conditions and restrictions as

the Council may determine; and
(c) does. not prevent the exercise of that power or the
performance of that duty by the Council.
· (6) Members of the Council, or of a committee of the Council, 20

are each entitled to have their views reflected in any report
of the Council or committee, as the case may be.
(7) Each year, the Minister, with the agreement of the Minister
of Finance, must provide sufficient funds for the
administration of the Council, and committees of the 25
Council, from public funds.
Council's duties
43. The Council must -
(a) advise the Minister on health and safety at mines

including,· but not limited to, any regulations on mine 30
rehabilitation in so far as they concern health and safety;
48 No: 17242 GOVERNMENT GAZETIE,l4 JUNE 1996
Act No; 29, 1996 MINE HEALTH AND SAFElY ACT, 1996'
s44
.. , (b) ·co-ordinate the activities of its committees, receive

reports from the committees and liaise with the Mining
Qualifications Authority on matters relating to health and
safety;''' . :< · '
(c) liaise with any other statutory bodies concerned with 5

matters relating to health and safety;
. (d) promote. a culture ofhealth and safety in the mining
'industry; . · ·
(e) ~ge and ·co::.o~dinate a tripartite summit to review the
state of health and safety at mines at least once every.. . . 10
':
two years;! and. < . . .. . '· .' . . ... ; . . -·.
:> (f) ··perform every duty imposed upon the Council in terms · •
of this Act. · . . " .· ,
Duties of permanent committees ··. · ·::
44. (1) ·The Mining Regulation Advisory Committee must' advise 15

the Council on -
(a) . proposed changes to legislation to improve health or

safety at mines;
(b) proposals for changes to legislation made by any other

· . , committee of the Council; 20
.. · (c) ·guidelines for codes of practice; and
(d) standards approved by the South African Bureau of

Standards.
(2) The Mining Occupational Health Advisory Committee

... must advise the Council on- 25
(a) policy relating to health;
(b) standards, systems and procedures for assessing,

avoiding, eliminating, controlling and minimising
health risks;
(c) regulations on any aspect of health; 30

. .
(d) health research; and
s45
(e) ·collecting, processing and distributing health data in

the mining industry.
(3) ·. The Safety in Mines Research Advisory Committee must

advise the Council on -
(a) criteria for determining the funding of health and 5
safety research;
(b) the. need for research into health or safety at mines;
(c) research proje~ts, including priorities of projects, cost,

assessmen't~ ratification and execution;
(d) communication and publication of research results; 10

and
(e) the management of the cost of the overall programme.
(4) ' Each year the Safety in Mines Research Advisory

Committee must prepare an overall programme for relevant
health and· safety research for the' Council to consider. The 15
programme must include ·_
(a) . a reyiewofhealth and safety performance in the
different.mining sectors;
(b) an evaluation of the research proposals made by the

Council;or a committee of the _Council; 20
(c) the focus of health and safety research and priorities

for the different sectors of mining; and
(d) an estimate of the cost of the programme; ·
(5) The Council must deliver a copy of the programme·

referred to in subsection (4) to the Minister of Finance for 25
consideration.
Mining Qualifications.Authority
45. ( 1) The Mining· Qualifications Authority consists of -
(a) · five members representing owners in the mining

·industry; 30
Act No; 29, 1996 MINE HEALTH AND SAFETY ACT, 1996
s46
- (b) five members representing employees in the mining

industry;·
(c) four members representing departments of State; and
(d) the Chieflnspector,. who must chair the meetings.

. ' .
(2) The Minister must ~ppoint the members of the Mining 5

Qual_ificat.ions ~uthority in accordance with the constitution
contemplated in section 97(4).
. . . ,. . . . : . .
' '
45(3)-Section 97(4), on (3) The Mining Qualifications Authority must govern itself in
page 79, empowers the ~ccordance with 'ilie constitution contemplated in section
Minister, after consulting the 97(4). 10
Council and by notice in the
Gazette, to add a Schedule
containing the constitution
of the Mining Qualifications
Authority.
Mining Qualifications Authority's functions
' .: .
46. • ( 1) . The Mining Qualifications Authority must -

. •' ..
46(1)(a)-Section (a) , seek registration in terms of the South African

5(1)(a)(ii)(aa) of the So~th. · Qualifications Act, 1995 (Act No. 58 of 1995), as a
African Qualifications body responsible for establishing education and 15
Authority Act l?rovide~ for training standards or qualifications as contemplated in
the registration of bodies section 5(1)(a)(ii)(aa) of that Act;
responsible for establishing
educational training
standards. ·'
t ...
46(1 )(b)-Section (b) seek accreditation in terms of the South African

5(1 )(a)(ii)(bb) provides for QualificationsAct, 1995 (Act No. 58 of 1995), as a
the accreditation of bodies body responsible for monitoring and auditing 20
responsible for monitoring , , . . achievements as contemplated in section
achievements in terms of 5(l)(a)(ii)(bb) of that Act;
standards or qualifications.
(c) propose education and training standards and
. qualifications to bodies registered with that Authority
and responsible for establishing education and training · 25
standards; ·· , ' ·. ,
· : (d) set educational and training standards or qualifications

in the mining industry; and
MINE HEALTII AND SAFETY ACf, 1996 Ad No. 29, 1996
Tripartite Institutions .,
s46
(e), monitor and audit achievement in terms of those

standards and qualifications.
(2) The Mining Qualifications Authority may -
(a) appoint permanent and ad hoc committees, and

· subcommittees, for any period and on any conditions; 5
(b) administer and control its financial affairs; and
(c) do anything necessary to achieve its objectives.
(3) The Mining Qualifications Authority may delegate any of

its powers or assign any of its duties by or under this Act
to any of its co~ttees. 10
(4) A delegation or an assignment u~der subsection (3) -
(a) must be in writing;
(b) may be subject to such conditions and restrictions as

the Authority may determine; and
(c) does not prevent' the exercise of that power or the 15

performance. of that duty by the Authority.
(5) In performing its functions, the Mining Qualifications

Authority must comply with the policies and criteria
fom1ulated by the South African Qualifications Authority in
, terms of section 5(l)(a)(ii) of the South African 20
Qualifications Authority Act, 1995 (Act No. 58 of 1995).
Inspectorate of Mine Health and Safety

s47-49
CHAPTER 5
INSPECTORATE OF MINE HEALTH AND SAFETY
Inspectorate established
47. (1) A Mine Health and Safety Inspectorate is hereby

established. 5
(2) The Minister, by notice in the Gazette, may establish

regions of the country for the purpose of administering this
Act through regional offices of the Mine Health and Safety
' . Inspectorate.
Chief Inspector 10
48. (lf The Minister must appoint an officer, with suitable mining
qualifications and appropriate experience in health and
safety at mines, to be Chief Inspector:
· (2) ·.Subject to the control and direction of the Minister, the

· Chief Inspector must perform the functions entrusted to the 15
Chief Inspector by this Act.
·(3) The Chief Inspector may perform any of the functions of

an inspector:
. • - l
J' '
Chief' Inspector's
.
functions
. . .
49.' ·(l) Without limiting any statutory duty of any other person in 20
terms of this Act, the Chief Inspector must -
(a) ensure that the provisions of this Act are complied

with and enforced and that every duty imposed upon
the Chief Inspector, the Medical Inspector or
inspectors in terms of any other law is performed; 25
(b) appoint an officer with the prescribed qualifications

and experience as the Medical Inspector;
(c) appoint officers with the prescribed qualifications and

experience as inspectors;
(d) administer the Mine Health and Safety Inspectorate; JU

GOVERNMENT GAZE'ITE, 14 JUNE 1996 No. 17242 53

s49
. (e) determine and implement policies to promote the

health and safety of persons at mines and any person
affected by mining activities~ .
49(1 )(f}-Section 9, (f) consult with the Council before issuing guidelines on
beginning on page 15, the fonn, content and distribution of codes of practice 5
requires any manager to
... referred to in section 9;
prepare a code of practice.
(g) collect, process and distribute information relating to
health and safety; · .'
(h) ·advise· the.Minister on health or safety matters at
mines; ..
10
. ~ ..
(i) each year, after consulting the Council and with the
approval of the Minister, publish and distribute a plan
of action for the activities of the Mine Health and
Safety Inspectorate;
(j) complete a report on health and safety at mines and 15
the activities of the Mine Health and Safety
Inspectorate for each year and submit the report to the
Minister within three months of the end of the year
concerned; and
(k) perform any duties relating to. health or safety at 20
mines that the Minister directs or prescribes.
(2) The Chief Inspector must furnish a prescribed certificate to

the Medical Inspector and to each inspector.. ·
.· (3) Despite the p~o~isions of the Minerals Act, the Chief .

~~ITWr- ~
(a) has the power to monitor and control those

environmental aspects at mines that affect, or may
affect, the health or safety of employees or other
persons; and ·
. .(b) must consult with the officer appointed in terms of 30
49(3)(b)-Sectio~, 4 of the
Minerals Act deals with the section 4 ofthe Minerals Act concerning the exercise .
appointment and functi~ns of those powers.
of Directors: Mineral
Development under the
. . .
Department of Mineral and •. ,
Energy Affairs.
Act No. 29, 1996 MlNE HEAL111 AND SAFETY ACT, 1996

s50
· (4) To further the objectives of this Act the Chief Inspector

may-
(a) enter into agreements with other persons; and

. . .
·(b) authorise a competent independent person t~ perform
any or all the functions of an inspe~tor. 5
(5) The Chief Inspector must furnish a prescribed certificate to

each person authorised under subsection (4)(b).
Inspectors' powers·
·50. (1) An inspector may for the purposes of monitoring or

enforcing compliance with this Act - 10
(a) enter any mine at any time without warrant or notice;
(b) enter any other place after obtaining the necessary

':Varrant iri terms of subsection (7); and
(c) bring into and use at any mine, or at any place

. referred to in paragraph (b), vehicles, equipment and 15
· · material as necessary to perform any function in terms
of this Act.
50(2)-lt is an offence to (2) While the inspector is at any mine or place referred to in
interfere with or hinder an . subsection (1), the inspector may, for the purposes of
inspector. See s. 88, on monitoring or enforcing compliance with this Act - 20
page 73.
(a) question any person on any matter to which this Act
relates; ·
. '
(b) require any person who has control over, or custody
of, any document, including but not limited to, a plan,
book or record to produce that document to the ·: · 25
inspector immediately or at any other time and place
that. the· inspector requires; ·
(c) require from any person referred to in paragraph (b)

an explanation of any entry or non-entry in any
document over which that person has custody or 30
control;

sso
(d) examine any document produced in terms of

.paragraph (b), and make a copy of it or take an
extract from it;
(e) inspect -
.:· J •
~ I
(i) any. article, ·subst~nce or machinery; 5
· (ii) any work performed; or ·

(iii) anyconditio_n; .· , _·- .
(j) -inspect arrangements made by the manager.for ..

medical surveillance of employees;
..
.· .•
(g) . seize any document, article, substance or machinery . 10

or any part or sample of it; and
(h) . perform any other_ prescribed function.
50(3)-lt is an offence to :(3) An inspector may instruct any owner, manager, employee
fail to comply with an or any other person who performs an activity regulated by
inspector's instruction. See · ; '· . this Act or any former owner, manager or employee or 15
s. 91, beginning on page person who formerly performed ari activity regulated by
74. this Act; to appear before the inspector to be questioned on·
. any matter to which this Act relates. · ·~
(4) . Before an inspector may seize any document under

subsection (2)(g), the owner or manager of the mine may 20
copy it.
> ,' I •
(5) An inspector may remove any article, substance or

machinery or any part or sample of it from any mine or
place referred to in subsection ( 1) for examination or
analysis. 25
.
(6) When an inspector seizes or removes any item under this ·.
section, the inspector must issue a receipt for that item to
the owner or manager of the mine or place involved.
(7) A magistrate may issue a warrant contemplated in

subsection (l)(b) only on written application by an 30
· inspector setting out under oath or affirmation the need to
:enter a place other than a mine to monitor or enforce
compliance with this Act.
Act No. 29, 1996 MlNE HEALTH AND SAFETY ACT, 1996

s51-54
(8) For the purpose of this section, "mine" does not include
· any home, or residential quarters, situated at the mine.
Inspector may be accompanied
51. When performing any function under this Act, an inspector may
• he accompanied by an interpreter or any other person 5
· reasona~ly required. to assist the inspector.
Duty to assist inspector and answer questions
52(1)-lt is an offence to . 52~ (1) ·When an inspector enters any mine or place referred to in
fail to comply with an section 50 (1), the owner or manager and each employee
inspector's instruction. See performing any work there must provide any facility that lO
s. 91, beginning on page the inspector reasonably requires.
74.
(2) Persons questioned by an inspector under section 50(2)(a)
or (c) or (3) must answer each question to the best of their
ability, but no person is required to answer any question if
·· the answer may be self-incriminating. 15
Duty to produce documents required by inspector·
53-It is an offence to ·· · 53. ·. Ariy person who holds or should hold a permit, licence,
obtain a required certificate pennission, certificate, authorisation or any other document
of competency by issued in accordance with this Act or the Minerals Act, must
fraudulent means. See s. produce it at the· request of the Chief Inspector or any 20
89, on page 74. ·inspector.·.
Inspector's power to deal with dangerous conditions
54(1)-lt is an offence to · :54.·. (1) If an inspector believes that any occurrence, practice or
fail to comply with an · : ·:·... condition at a mine endangers or may endanger the health
inspector's instruction. See or safety of any person at the mine, the inspector may give 25
s. 91, beginning on page any instruction necessary to protect the health or safety of
74. . .. persons at the mine, including but not limited to an
instruction that -
·...
(a) operations at the mine or a part of the mine be halted;
(b) the performance of. any act or practice at the mine or 30

a part· of the mine be suspended or halted, and may
. :: · • ·, place conditions. on the performance of that act or
, ! practice; ··. ':·

s54
..
' • (c) the manager must take the steps set out in the
• · r. ., ·· · instruction, within the specified period, to rectify the
occurrence,. practice or condition; or
, (d) . all affected persons, other than those who are required
· to assist in taking steps referred to in paragraph (c), 5
be moved to safety.
,• :
(2) An instruction under subsection (1) must be given to the

manager or a person designated by.the manager or, in
their absence, the most senior employee available at the
mine to whom the instruction can be issued. 10
(3) An inspector may issue an instruction under subsection (1)

either orally or in writing. If it is issued orally, the
' ·' · inspector must confirm it in· writing and give it to the
person concerned at the earliest opportunity.
(4) If an instruction issued under subsection (1) is not issued 15

·.to the-manager, the inspector must give a copy of the
instruction to the manager at the earliest opportunity.
·-· ·!
., .(5} Any instruction issued under subsection (l)(a) must either

,, . .be confirmed, varied or set aside by the Chief Inspector as
· · , . soon· as practicable. .; . , , _. 20
''j.
(6) 'Any instruct!~~ issued under subsection (l)(a) is effective
.· from _the time. fixed by the inspector and remains in force
until set aside by the Chief Inspector or until the
:. ; inspector's instructions havebeen complied with.
i
'
(7). Befo!e giving any instruction under subsection (l)(a) the 25
. inspe_ctor must allo~ the manager or the managers
.representative and _the.representatives of employees a
reasonable opportunity to make representations.
: ·· -
. ,, ' '
(8) For the purposes of subsection (7), the representatives of

. the employees are - ... "
30
(a) representatives designated in accordance with a

collective agreement concluded in terms of section 26;
(b) if paragraph (a) does not apply, full-time health and
safety representatives responsible for the mine or part
of the mine which will be affected by the instruction; 35
Act No. 29, 1996 MINE HEALTII AND SAFEIT ACf, 1996

s55-56
(c)· if paragraphs (a) and (b) do not apply, the health and
· safety representatives responsible for the working
··.··places which will be affected by the instruction; or
. (d)' if paragraphs.(a); (b) and (c) do not apply, the
. employees who will be affected by the instruction or 5
~ . · an employee or employees nominated or elected by
them.
. (9) lfan inspector has reason to believe that the delay caused
by allowing representations could endanger the health or
safety of any. person, the inspector is not required to allow 10
representations before issuing an instruction under
subsection (1 )(a).
· .. · (10) Before giving any instruction under subsection (l)(b) to

.: .(d), the inspector must allow such opportunity to make
representations as may be prescribed. 15
Inspectors' power to order compliance
55(1}-lt is an offence to 55. (1) If an inspector believes that an owner or manager has
fail to· comply with an failed to comply with the provisions of this Act, the
inspector's instructions. See ·. · · inspector may instruct that owner or manager in writing to
s. 91, beginning on page take any steps that the inspector - 20
74.
(a) considers necessary to comply with the provision; and
· (b) · specifies in the instruction.
(2) · Whe·n issuing an instruction under subsection (1), an

inspector must specify the period within which the
specifie~ steps must be taken. A period specified in an 25
instruction may be extended by an inspector at any time by
· ·· giving notice in writing to the person concerned.
Instructions to be posted at mine
56. The manager of a mine inust -
(a) . promptly.supply' ;a copy of any instruction of an 30

inspector to -
(i) the health and safe ty representative representing

the employees affected by the instruction; and
Inspectorate of Mine Health and Safety ·

s57-58
(ii) the health and safety committee responsible for

those employees; and
(b) promptly publicise the instruction by-
(i) prominently and conspicuously displaying copies

. of the instruction to the employees whose interests 5
may be affected; and
.(ii) causing its contents to be communicated orally to
. those employees.
Right to appeal inspectors' decisions
57. (1) Any per~on ~ho is the subject of a decision of an 10

inspector, or at whose instance a decision of an inspector
was· taken, may appeal against that decision to the Chief
Inspector.
(2) An appeal under subsection ( 1) must -

(a) be lodged with the Chief Inspector within 30 days of 15
the decision; and
(b) set out the grounds of appeal. ,
(3) · After considering the grounds of the appeal and the

inspector's reasons for the decision, the Chief Inspector
must as soon as practicable - 20
· (a) confirm, set aside or vary the decision; or

. l ,,·
(b) substitute any other decision for the decision of the

inspector.
Right to appeal Ch~ef Inspector's decision
58. (1). Any person adversely affected by a decision of the Chief 25

Inspector, either in terms of section 57(3) or in the
exercise of any power under this Act, may appeal against
the decision to the Labour Court.
(2) An appeal under subsection (1), must be lodged with the

registrar .of the Labour Court in accordance with the rules 30
of the Labour Court, within 60 days of the date that the
· Chief Inspectors decision was given.
Act No. 29, 1996 MlNE HEALTH AND SAFETY .ACT, 1996

559-60
(3) The Labour Court must consider the appeal and confirm,
set aside or vary the decision.
Appeal· does not suspend decision
59.·· (1). An appeal against a decision under either section 57 or 58

, does not suspend the decision. 5
! : ...
(2) Despite subsection (1), the Labour Court may suspend the
··operation of the deCision, pending the determination of the
matter~ 'if there are reasonable grounds for doing so.
Initiating investigatio.ns · · - · · ·
· 60. .(1 ). ·' The Chief !~spector must instrucf an inspector to 10

• < ' investigate any acCident or occurrence at a mine that
•
. results in serious in}u,.Y, serious illness or death of any

.. '
person.
(2) At any. time. an tnsj/ector may investigate -

(a) any occurrence, practice or condition concerning 15
. health or safety of persons at one or more mines; or
·'
(b) any actual or suspected contravention of, or failure to

.
.- ~
C?mply with, any provision ofthis Act.

(3) 'if there is cause for concern on health or safety grounds,
an inspector must investigate any matter referred to in 20
subsection (2), if -
. . . . ..
(a) instructed to· do so by the Chief Inspector; or

.... < . - ~ •
· ~
'(b) requested to do so by·-
.: .:.
.. . (ira registered trade union with members at the
mine or mines; 25
(ii) a health and safety representative or health and

j . ·· : .
safety committee
.
at the mine; or
. '
~- ~
;
. . (iii) if there is no health and safety representative,

an
'·
employee
.
at the mine.
. . .:

s61-64
Chief Inspector may designate assistant in investigation
61. At any time before or during an investigation, the Chief

Inspector may designate one or more persons to assist the
inspector
. holding the
' .
investigation. '
Duty to answer questions during investigation 5
62. Persons questioned during -~n 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.
• • • • • > • •
•·
Enhanch1g effectiveness of investigation
. . '
63. (1) ·For the purposes of enhancing the effectiveness of an 10

investigation in terms of section 60 the Chief Inspector, in
consultation with the appropriate Attorney-General, may
issue a certificate that no prosecution may be instituted in
respect of any offence arising from the event being
· investigated. If a certificate is issued, no disciplinary action 15
arising from the event investigated may thereafter be taken
against any person.
-
(2) The Chief Inspector must communicate in writing the
protection afforded under subsection (1) to all persons
. . questioned during the investigation. 20
(3) Persons questioned during the investigation who are

afforded protection under this section must answer every
_question to the best of their ability and may not refuse to
answer any question on the grounds that the answer may
be self~incriminating. 25
Reports on investigations
64. ( l) After completing an investigation, an inspector must

prepare a written r~port of the findings, recommendations
. and any remedial steps.
(2) The inspector- · · 30
(a) must submit a copy of the report referred to in

subsection (1) to the Chief Inspector,
62 No. 17242 GOVERNMENT GAZETTE. 14 JUNE 1996

s65
(b) must supply a copy of the report to the manager and

to the health and safety representative, health and
safety committee, registered trade union or employee
. that requested the investigation; and
(c) may instruct. the manager of the mine concerned to 5
prominently and conspicuously display a copy of the
report or· portion of if for emp~oyees to read.
lnitiating__inquiries . ·
65. ( 1) Unless the provisions of section 63 have been invoked, the

Chief Inspector must direct an inspector to conduct an 10
inquiry into any 'accident or oc'currence at a mine that
results in the death, of any person.
(2) Unless the provisions ~f section 63 have been invoked, the

Chief Inspector may direct an inspector to conduct an
inquiry into ·_ · ' · 15
(a) any accident or occurrence at a mine that results in

the serious injury or serious illness of any person;
(b) any occurrence, practice or condition concerning

. .. health or ·safety of persons at one or more mines; or
. . ,..
(c) any actual or suspected contravention of, or failure to 20

comply with, any provision of this Act.
(3) If there is cause for concern on health or safety grounds

and if the provisions of section 63 have not been invoked,
the Chief Inspector may direct an inspector to conduct an
inquiry into any matter referred to in subsection (2) if 25
requested in writing.
..
to do so by - .
(a) a registered trade union with members at the mine or
mines;
(b) · a health and safety representative or health and safety
committee at the mine; or 30
(c) if there is no health and safety representative at the

mine,
.
an employee.
. .
(4) This section does not limit any other law regulating the
holding of an inquest or other inquiry into the death of a ·
person. 35
GOVERNMENT GAZETIE, 141UNE 1996 No. 17242 63

s66-69
Investigation may be converted into inquiry
66. (1) At any time during an investigation, the Chief Inspector

may convert it into an inquiry.
(2) The provisions of sections 68 to 71 relating to attendance
and examination of witnesses at inquiries apply equally to 5
a converted investigation.
(3) Any person instructed or summoned to give evidence at an
inquiry that was converted fro!ll an investigation is not
entitled -to refuse to give evidence only on the grounds that
a statement had previously been given, or documents 10
previously been adduced, during the investigation.
(4) This section does not preclude or limit holding an inquiry
after an investigation has been completed.
Chief Inspector may designate assistant in inquiry

67. At any time _before or during an inquiry the Chief Inspector 15
may designate one or more persons to assist in the inquiry or to
preside at the inquiry.
Inquiry to. be public

68. (1) An inquiry must be held in public.
(2) Despite subsection (I) the person presiding at an inquiry 20
may of that person's own accord or at the request of a
witness exclude members of the public or specific persons
.·or categories of persons from attending the proceedings or
. part of the proceedings when the proper conduct. of the
inquiry requires. 25
(3) . The person presiding at an inquiry may make any order

· ·· necessary to ensure that employees at the mine and
members of the public have access to the premises in
which the inquiry is held.
Right to participate in inquiry 30
69. 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 - 35
64 No: 17242 GOVERNMENT GAZETIE, 14 JUNE 1996

s70.71
(a) any person who has a material interest in the inquiry;
(b) a representative of any registered trade union with

members at the mine in respect of which the inquiry is
being held; and
(c) ·a health and safety representative responsible for the 5

working place in respect of which the inquiry is being
held.
Powers of person presi~ing at inquiry
70. ~e person pr~siding· at an inquiry may -
(a) . instruct or summon any person to appear at any 10

specified time and place;
(b) question any person :under oath or affirmation;
(c) · instruct any person -
(i) to produce any book, plan, record or other

document or item necessary for the purposes of 15
the inquiry; or
(ii) to perform any other act in relation to this Act
necessary for the purpose of the inquiry.
Duty of persons summoned. or instructed

. .. ..
71..:....1t is an offence to fail 71. · (lr Subjed to subsection (2), every person giving evidence at 20
to attend an inquiry if an inquiry must answer any relevant question.
required to do so, or to
refuse to answ~rquestions, .(2) The law regarding a witness's privilege in a court of law
or to give false evidence: · applie~ equally to any person being questioned at an
Sees. 90, on page 74 ... inquiry.
(3) The person presiding at an inquiry may direct that any 25

evidence given by a person during an inquiry may not be
used in any criminal or disciplinary proceedings against
that person except in criminal proceedings on a charge of
perjury against that person.

s72-73
(4) When a directive has been issued under subsection (3), the
person involved is not entitled to refuse to answer any
relevant question only on the grounds that the answer .,
could expose that person to a criminal charge.
.
(5) A person instructed in tenns of section 70(c) must comply 5
. with that instruction unless the person has sufficient cause
. for not doing so.
Inquiry records and reports
72. ( 1) A person presiding at an inquiry must -

'(a) record the evidence given at the inquiry, including any 10
evidence given with the assistance of an interpreter;
. ' (b) at the conclusion ;of the inquiry, prepare a written

report of the findings, recommendations and any
' remedial steps;
., '
(c). submit a copy o(tlte report and the record of the 15
inquiry to the· Chief Inspector,
(d) supply a copy of the report and the record of the

inquiry to the manager and to any health and safety
representative, health and safety committee or
registered trade union that requested the inquiry; and 20
(e) on request, supply a copy of the report and the record

of the inquiry to any person who has a material
interest in the inquiry.
(2) An inspector may instruct the manager of the mine

concerned to prominently and conspicuously display a 25
copy of the report or any portion of it for employees to
read.
(3) The Chief Inspector may submit a copy of the report to the
appropriate Attorney-General.
Chief Inspector may order further inquiry 30
73. Upon considering the evidence and the report referred to in

section 72, the Chief Inspector may require that the matter be
inquired into further.
Act No. 29,1996 MINE HEALTH AND SAFETY ACT, 1996

s74
Inquiry and inquest may be conducted jointly
74( 1)-The Inquests Act 74. (1) An inquiry in terms of this Act into the death of a person
provides for the holding of · may be held jointly with an inquest in terms of the
inquests in cases of deaths Inquests Act, 1959 (Act No. 58 of 1959).
apparently occurring from
unnatural causes. · (2)· The judicial officer contemplated in the Inquests Act, 1959 5
(Act No. 58 of 1959), must preside at a joint inquiry
referred to in subsection (1) and the person instructed to
hold the inquiry in terms of this Act must be deemed to be
an assessor appointed in terms of the Inquests Act, 1959.
(3) The provisions of the Inquests Act, 1959 (Act No. 58 of 10

a
1959), ~pply to joint inquiry.
' (4) .The assessor referred to in subsection (2) must -

' • ! •
(a) prepare a report contemplatedin section 72(1)(b); and
(b) _submit the report and the record of the joint inquiry to
the c;hief Inspector. 15
Minister's Powers
s75-76
CHAPTER 6
MINISTER'S POWERS
,.
Minister may prohibit or restrict work
75. (1) For any reason relating to health or safety, the Minister, by
. , ·.. notice in the Gazette, may prohibit or restrict any work or 5
. any exposure of a person to a substance or an
· environmental condition; if -·
·.· ·.
.
(a). th_e Minister h~s consulted the Council on the
' .'
.. · prohibition or restriction; and ·
.. . t.'- ·_; ·; ' _. , . •
. (b) unless the Minister believes that the public interest 10

-. requ'ires the notice. to be published immediately, the
···Minister has ·_·
·
(i) published a draft of the proposed notice at least

.. ·
three
. . months
. previously; and
(ii) at that time invited interested persons to submit 15

comments and representations concerning the
.... _
prC?posed notice within a specified period.
(2) The Minister may attach any conditions to a prohibition or

· res.i:riction by. specifying them in the published notice.
(3) The Minister, after consulting the Council, may amend or 20

. withdraw a no~ce under subsection (1) at any time.
Ministe.r may declare health hazards
76. (1) The Minister;by notice in the Gazette, may declare that an
environmental condition or' a substance present at a mine is
a health hazard to employees who are or may be exposed 25
to. that condition or .substance, if-·
(a) the Minister has consulted the .Council on the issuing

. of the declaration; and . _ '
(b) unless the Minister believes that the public interest

. requires the notice to be published immediately, the 30
Minister's Powers
577·78
· Minister has -
. ; (i) published a draft of the proposed notice at least

three months previously; and
.
" ~ .. .
; r ·:.
...
(ii) at that time invited interested persons to submit

comments and representations concerning the 5
,, . . 1.: ·. . proposed notice within a specified period.
'I '
~ . . ..
(2) . In connection with any health hazard, the Minister, after
consulting the Council, by notice in the Gazette, may -
. , . (a) _impose conditions on the performance of work by
empioyees exposed to the health hazard; 10
-:i:
(b) stipulate the standards of fitness for an employee to
perform work involving exposure to the health
hazard; ·
.. (c) require managers to take measures to eliminate,

control. and minimise health risks associated with the 15
health hazard;
. (d) require managers to conduct specified occupational

hygiene. measurements;
(eJ requ~e managers to conduct specified medical

surveillance in respect of employees exposed to the
health hazard; and
(j) provide for any other matter that the Minister

con~iders necessary to protect employees exposed to
the health hazard.
·Appl~~ation ·of Minister'~ .notice 25
77. A notice_under either section 75 or 76 may differentiate

between' mines, types of mines, parts of a mine, occupations and
types of work.
Exemption from Minister's notice
78. (1) · A notice under either section 75 or 76 may exempt a 30

particular person or group of persons from compliance
with that notice if the Minister is satisfied that any of the
GOVERNMENT GAZETIE, 14 JUJI.'E 19% No; 17242 69
Minister's Powers
s79."' ·
· , ' following conditions exists ;_:_ '· : '
· (a) · in the circumstances the exemption is desirable; . -
(b) the, performance of the work by that person or group

· of persons is temporary; or · .· ·.
' . . ' ' ::: ;
(c) the risk to which that person or group of persons is . .. . 5

exposed is negligible. ·
(2) The Minister, after consulting the Council, may cancel an

: · ,. exemption granted under subsection (1) at any time.
Exemption from all or part of this Act
79. (1) The manager of a mine may request an exemption from 10

the Minister, and if satisfied that the manager has
consulted appropriately with the affected employees or their
representatives, the Minister may exempt the manager
from any or all the provisions of this Act or from a notice
or instruction issued under this Act.'An exemption may 15
be-
(a) general or particular;
(b) for any period; and
(c) on any conditions that provide the same overall

protection which would result from the full 20
application of this Act.
(2) When an exemption is granted under subsection (1), the

Minister must issue a certificate of exemption to the
manager, specifying the scope, period and conditions of
the exemption. · 25
(3) The Minister may amend or withdraw a certificate of

exemption at any time.
(4) The manager must prominently and conspicuously display

any exemption granted, or deemed to have been granted,
under this section to the employees to read. 30
Act No. 29, 1996 MINE HEAL1H AND SAFETY ACT, 1996
Minister's Powers
s80-81
Minister may apply other laws to mine
80(1)-The Occupational . : 80. (1) After consulting the Council, the Minister, by notice in the
Health and Safety_ Act Gazette, may declare that any provision of the
provides for the health and Occupational Health and Safety Act, 1993 (Act No. 181 of
safety of persons at work 1993), or any regulation made under that Act, or the 5
and for the establishment of provisions of any other Act or regulations, must apply to a
an advisory council for mme;
occupational health and
safety. (2) . A declaration in terms of subsection (1) may differentiate
between mines, types of mines, parts of a mine,
occupations and types of work. 10
Minister to table annual report
81. . (l) . Within 30 days of receiving the annual report of the Chief
Inspector, the Minister must table it in Parliament.
(2) If Parliament is not in session at the end of the period

referred to in subsection (1), the Minister must table the 15
· · report within 14 days of the beginning of the next session
of Parliament.
GOVERNMENT GAZE1TE, 14 JUNE 1996 No. 17242 71
MINE HEALTII AND SAFETY Acr; 1996 Act No. 29, 1996
Legal Proceedings and Offences

s82-B3
CHAPTER 7
LEGAL PROCEEDINGS AND OFFENCES
Jurisdiction of Labour Court
82. (1) The Labour Court has exclusive jurisdiction to determine·

any dispute about the interpretation or application of any 5
provision of this Act except where this Act provides
othetwise.
(2) The Labour Court ha_s no jurisdiction in respect of offences

in terms of this Act.
No discrimination against employees who exercise rights 10
83. (1) No person may discriminate against any employee for-
. (a) exercising a right in terms of this Act or in terms of a

collective agreement contemplated in this Act;
(b) doing anything that the employee is entitled to do in

terms of this Act orin terms of a collective agreement 15
contemplated in this Act; .. . .
. (c) refusing to do anything that ·the employee is entitled to

refuse to do in terms of this Act or in terms of a
. collective agreeme_nt c~ntemplated in this Act;
. ~ ' . ' ' ; l '
(d) refusing to do anything that the employee is prohibited 20

from doing in. terms of this Act or in terms of a
. ,co!lective agreem~_nt contemplated in this Act; and
. .
(e) · standing for election, or performing any function, as a
health and safety representative or a member of a
. health'and safety committee: 25
(2) · For the purposes of this section -.
(a) ..~iscrintinate;, ineans to dismiss an employee or to

engage in any other conduct which has the effect of
prejudicing or disadvantaging the employee, or which
prejudices or disadvantages the employee relative to 30
other employees; a'nd ·
72 No: 17242 GOVERNMENT GAZETTE, 14 JUNE 1996
legal Proceedings and Offences

s84-86
. ·(b)' "employee" includes any applicant for employment

who has previously been employed at a mine.
,.
Safety equipment not to be interfered with

'· ..
84(1 }-Section 50, 84. Unless specifically authorised by the manager, no person -
beginning on page 54,· ·
outlines the inspector's (a) other than an inspector acting in terms of section 50, 5
powers which includes may remove personal protective equipment from a
entering any mining area mine, or cause that equipment to be removed;
and questioning persons
and examining documents, (b)-· other than an inspector acting in terms of section 50,
and machinery. may remove anything that is provided in the interest
of health or safety, or cause that equipment to be 10
removed; or
(c) may alter, damage, misuse, render ineffective or

interfere with anything that is provided in the interest ·
·of health or safety, or cause that equipment to be
altered, ·damaged, misused, rendered ineffective or 15
interfered with.
Juvenile employment underground prohibited

. . . .'
85._ (1~ No person may cause or permit an employee under the age
'?f 18 years to work underground at a mine.
~ ..·, : j: . . . ~ ' ~ • i •
·: ·' · .r (2) · No. employee. under the age of 18 years may work 20
underground _at~ mine.
~ ~-- _; ~- ~·~ -. ·_, . • J
· .c3> ·Despite. sub~ections c1) and (2), an employee unde~ the age
of 18. years' but over the age of 16 years may work
. , :: . I
underground as part of vocational education or training.
' . . 1 • j ~ ,
. Negligent ~ct or._ omission 25
86. ( 1) Any person who, by a negligent act or by a negligent

~mission, 'e~da~gers ihe he.alth or safety of a person at a
" ! .'
. ;·
mine or causes serious injury to a person at a mine,
'.. commits all offence. .
" ' (2). Anqwner or ;nanager must be convicted of an offence in

I•' •• a 30
. '· terms of subsectioi:t (I) if the State proves that-
·: . -· ' . ·. \-, ·'
GOVERNMENTGAZETIE, 14 JUNE 1996 No. 17242 73

s87-88
(a) the health or safety of a person at the mine was

endangered or that a person was seriously injured at
the mine;
(b) the working environment at the mine was not safe and
was not without risk to the health of employees; and 5
·(c) the·danger or injury was due, either wholly or partly,

to the condi~on of the working environment at the
mine.
(3) Despite subsection (2), the owner or manager may not be

··so convicted if it is proved that the owner or manager did 10
what was reasonably practicable to provide and maintain a
working environment at the mine that was safe and without
risk to the health of employees.
' :
Breach of confidence
87. · (1) Any person who discloses any information that they 15
acquired in the performance of a function in terms of this
· Act and that relates to the financial and business affairs of
an owner or employer, commits an offence. .
(2) · Subsection (1) does not apply if the information- . ·.
(a) was disclosed toenable a person to perform a. 20

function in terms of this Act; •
(b) must be disclosed in terms of this Act, any other law

·• or an order of court; or
(c) was disclosed to a health and safety representative or

· health and safety committee in terms of Chapter 3. 25
Hindering administration of this Act
88. Any person who hinders, opposes, obstructs or unduly

··· influences any person who is performing a function in terms of
this Act commits an offence.
74 No. 17242 GOVERNMENT GAZETIE. 141UNE 1996
Act No. 29, 1996 MINE HEALTII AND SAFETY ACT. 1996

. s89-91
Falsifying documents
89. 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. 5
Failure to attend when summoned
90. A person commits an offence who, having been instructed or

summoned to attend an inquiry -
i ~ .
(a) without. sufficient cause fails - ·
·. (i) to appear at the time and place specified; or 10
(ii) to remain in attendance until excused by the

person presiding at the inquiry;
(b) attends as required, but without sufficient cause -
90(b)(i)-Section 70(c)(i), (i) fails to comply with an instruction in terms of

on page 64, empowers a . section· 70(c)(i); or 15
person presiding at an
inquiry to instruct anyone to · (ii) refuses. to. be sworn or to make an affirmation; or
produce a document for the
purposes of the inquiry. (c) attends as required and having been sworn or having
made an affirmation-
(i) _without sufficient cause fails to answer any

,, .. question fully and to the ~est of that person's 20
ability; or ·
. · (ii) gives evidence, knowing or believing it to be

false.
'· .. ·
Failure to comply with this Act
. . _!; ., '·
'• .
91. .(1) Any person commits an offence who contravenes, or fails 25
to comply with.-.
(a) a provision of this Act;
(b) a regulation made under this Act; or

GOVERNMENT GAZETTE, 141UNE 1996 No. 17242 7S
MINE HEALTI-1 AND SAFETY ACT, 1996 Act No. 29, 1996

s92
(c) any condition, suspension, notice, order, instruction,

prohibition, authorisation, permission, consent, ·
or
exemption, .certificate document determined, given,
issued, promulgated or granted by or under this Act by
.. the Minister, Chief Inspector, inspector or any other 5
person authorised under this Act.
91 (2)--Chapter 3 deals with (2) Despite subsection (l)(a)/a contravention of the provisions
health and safety · - .: :_·:··_of Chapter 3 or secti~n 83 _d?es not constitute an offence.
represe-ntatives and
committees. (3} A pers<?ii appoirifed.unde~ _section 4(1) to perform any
·function entrusted to an owner by this Act commits an 10
offence if that person fails to. exercise reasonable care in
performing that function. : _
Penalties·
92. ( 1) Any person convicted of an offence in terms of section 87,

may be-sentenced to afine or-to imprisonment to be 15
determined by the court: -: .. .
: (2) Any person convicted of ari offence in terms of section

90(a) or (b)(i), may be sentenced to the penalty applicable
to a similar offence in a magistrate's court.
(3) Any person convicted of an offence in terms of section 20

90(c)(ii), maybe sentenced:to any penalty that may be
imposed in _ law _for perju_ri
. (4) Any person convicted of an offence in terms of this Act for

which no penalty is otherwise expressly determined, may
be sentenced to a· fine or to imprisonment for a period not 25
·:- exceeding six months;
.·(5) Any person conviCted ·of an offence in terms of any section

nientio~ed in Column 1 of the Table below, may be
sentenced to a fine or to imprisonment for a period not
· exceeding the period mentioned in Column 2 of that Table 30
opposite the number of that section.
Act No. 29, 1996 MINE HEALlli AND SAFETY ACT, 1996

s92
TABLE-MAXIMUM TERMS OF IMPRISONMENT
Column 1 Column 2
Section under which convicted Maximum tenn of imprisonment 5
2(1)(a) or (b) 2 years
2(2) 2_years
3(1) 2 years
4(2) 1_.rear
4(3) 2_years 10
5 2_.rears
6 2_years
7 2_years
8 1 year
9(2) 2 _years 15
9(3), (4) or (5) 1 y_ear
10 2 years
ll(l) 2_years
11(2) 2 years
11(3) 1 year 20
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 25
11(8) 1 year
12 2_years
13(1), (2), (3), (4) or (6) 2_years
14 2_years
15 2_y_ears 30
16(1) 1 year
17 2_y_ears
21(1), (3} or (4) 2~ars
22 2~ars
24 l~ar 35
32(2) or (3) 1 _year
52 2~ars
53 2 years
54(1) 2 years
55(1) 2_years 40
62 2_y_ears
66(4) 2_years
70 2_years
71 2 years
84 2 years 45
85 1 year
86 3 _years
88 2 _1_ears
89 I _year
90(b)(ii) or (c)(i) 2 years
GOVERNMENT GAZETTE. 14 JUNE 1996 · No. 17242 77
MINE HEALTH AND SAFETY ACI', 1996 Act No. 29, 1996

s93-95
Magistrate's court has jurisdiction to impose penalties

93•. 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..
_Serving of documents 5
94. Unless otherwise provided in this Act, a notice, order or other
document which, in tenns of this Act, must be served on or
delivered to a person, will have been properly served or
delivered if it has been either-
(a) served on or delivered to that person; or 1o
(b) sent by registered post to that person's last known

address; or · ·
' ' (C) published in the Gazette.
Proof of facts
95~ In any legal proceedings in tenns of this Act - 15

(a) .· i{ it is alleged that a person at a mine is or was an
employee, that person is presumed to be an employee at
that mine, unless the contrary is proved;
95(c)-Section 63(1), on '(b)" if it is proved that .a fals~ state~~nt, entry or information
page 61, provides that . · ·appears in or on a book, plan, record or other document, 20
every answer given in an the person· who kept that document is presumed to have
investigation is privileged. made, entered, recorded or stored that statement, entry,
95(c)-Section 63(3), on
record 'or information, u'nless the contrary is proved; and
page 61, provides that a . . (c) subject to the provisions of sections 63(1), 63(3) and
report that an inspector has . , 71(2), any statement, entry or information in or on any 25
directed to be pri'-:ileged .· book, plan, record or other document is admissible in
may not be used in any evidence as an admission of the facts in or on it by the ·
civil, criminal or disciplinary person who made, entered, recorded or stored it unless it
proceedings; inquests or is proved that that persori did not make, enter, record or
inquiries: ·store it within the scope of their functions. 30
. .. ·
95(c}-Section 71 (2), on
page 64, provides that a
witness's privilege in a cou~
of law applies equally to
any person being
;
questioned at an inquiry. ·
Ad No. 29, 1996 MINE HEALTH AND SAFETY ACT, 1996
General Provisions
s96-97
. .CHAPTER 8
.GENERAL PROVISIONS
•'
Delegation and· exercise of power
96. (1) The Minisrer-~ay,delegateany power conferred upon the

·Minister by or ·under this Act, except the power to make 5
regulations, to the Chief Inspector.
(2) The Chief Inspector may. delegate any power or assign the
perf~rmance of any duty conferred or imposed upon the
Chief Inspector by or under this Act to-
(a) any inspector, or 10
(b) any other person with appropriate knowledge and

experience who is under the control of the Chief
Inspector.
(3) A delegation or. assignment under subsection (1) or (2)

must be in writing, and may be subject to any conditions 15
or ·restrictions determined by the Minister or Chief
. •
In~p~cior,
. t.
-'
as the. _case
.t .
.may be.
·- - :·
(4) A delegation under,subsection (1) or (2) does not prevent.

the exercise ofthat . pow~r by the Minister or Chief
Inspector, as
ti.te ·case may be. 20
Minist~r's ·power ta··add and change Schedules ·

-· . • • l'
97~ · (1) The Minister, after consulting the Council, by notice in the
·Gazette rriay add to, change or replace·any Schedule to this
Act other than Schedules 2, 3 and, subject to subsection
· (5), Schedule 4·. 25
.;_{2) The Minister, after consulting the Council, by notice in the

Gazette may add to this Act a further Schedule containing ·
matters in respect of which health and safety committees
may consult.
(3) The Minister, after consulting the Council, by notice in the 30

Gazette may add to this Act a further Schedule containing
the constitution of the Council and its permanent · . ·.
committees.
MINE HEALTH AND SAFE1Y ACT, 1996 Act No. 29, IC)C)6
General Provisions
s98
· (4) The Minister, after consulting the Council, by notice in the

Gazette may add to this Act a further Schedule containing
the constitution of the Mining Qualifications Authority.
(5) The Minister, after consulting the Council, by notice in the

· Gazette may add to Schedule 4 further items containing 5
transitional provisions necessary for the implementation of
this Act.
..
(6) The Minister~ after consulting the Council and in
consultation with the Minister of Health, by notice in the
Gazette may add to this Act a further Schedule to suspend I0
or vary the application of the Occupational Diseases in
Mines and Works Act, 1973 (Act No. 78 of 1973), except
. in relation to the determination or payment of
compensation.
(7) · The Minister inay add to, change or replace any page 15
header or sidenote by notice in the Government Gazette.
Regulations
98. (1) The Minister, after consulting the Council, by notice in the
Gazette may make' regulations regarding -
(a) health and· safety of persons at mines; 20

. .
(b). health and safety standards, codes of practice and the

provision of protective clothing, equipment and
· · facilities in connection with health and safety at
m.ines; .
(c) the performance of work by employees exposed to a 25
health hazard and the measures to eliminate, control
and minimise ·health risks;
(d) health and safety management systems at mines;
~- ,- . .
(e) or~erly operations at mines;
(f) . the powers, duties, functions and responsibilities of 30
, employees at mines and of the owners, employers and
managers;
Act No. 29; 1996 MINE HEALTH AND SAFETY ACT, 1996
General Provisions
s98
(g) the issuing of permits for the use of machinery,

equipment and material at mines and the accreditation
' of persons to. test machinery, equipment and material
for these purposes;
(h) the conditions under which machinery, equipment or 5

material may be erected or used at mines;
(i) the elimination, control and minimisation of health

· and safety hazards;
(j) . requirements for the safe use, handling, processing,

'· . storage, transport and disposal of hazardous 10
substances used in the mining process and waste
.. produced at the mine;
(k) the transport, handling, storage and use of e~plosives

and the mixing ofsubstances to make explosives at a
mine; 15
(l) the protection of equipment,. structures, water sources

and the surface of land;
(m)'· the conditions in which equipment, structures, water

sources or the surface of land may be used, and the
.. ' .·prohibition on, or restriction of, the erection of 20
equipment and structures and the use of water sources
or the surface of land in the vicinity of the working
places at ·a mine;
(n) the making safe of undermined ground and of

dangerous excavations, tailings, waste dumps, ash 25
dumps and structures of whatever nature made in the
course of prospecting or mining operations or which
are connected with those operations;
98(1 )(o)-Section 49(3)(a), .(o)_ the monitoring and control as contemplated in section
on page 53, empowers the 49(3)(a) of those environmental aspects at mines 30
Chief Inspector to monitor · which affect, or may affect, the health and safety of
and control those .· employees or other persons;
environmental aspects at
mines that affect the health (p) standards of housing and nutrition of employees who
and safety of employees or are accommodated at the mine;
other persons.
GOVERNMENT GAZETIE, 141UNE 1996 No.. 17242 81
MINE HEALTII AND SAFETY Acr; 1996 Act No. 29, 1996
General Provisions
s98
(q) initial standards of fitness to perform work involving

exposure to a health hazard, standards of fitness to
continue performing such work and the conditions
. under which employees may be withdrawn either
temporarily or permanently from such work; 5
(r) standards of occupational hygiene measurement

.. . techniques, the frequency and manner in which
measurements must be made, the manner of record
keeping and reporting of occupational hygiene
measurements made at mines; 10
(s) standards of medical tests or biological monitoring

..
used in medical surveillance, the persons who may
carry out those tests and that monitoring, the
interpretation of results of medical surveillance, the
frequency for carrying out periodic medical 15
. surveillance, the keeping of records of medical
surveillance and the reporting of confidential extracts
from records of medical surveillance;
(t) •the manner of reporting prescribed accidents and

· health matters at mines, the keeping of records and 20
statistics in relation to accidents and health matters
and the provision of emergency medical treatment
after an accident or in connection with a health
matter;
(u) the manner of reporting prescribed occupational 25

· diseases at mines, the keeping of records in relation to
occupational diseases and the control and provision of
medical services in connection with occupational
diseases;
(v) the form of an exit certificate and the content of 30

medical examinations associated with an exit
certificate;
(w) the form of any application to be made in terms of

this Act and of any consent or document required to
be submitted with an application, and the information 35
.. or details which must accompany an application;
General Provisions
s98
(x) the form of any register, record, notice, sketch plan or

. information to be kept, given,· published or submitted
·in terms of or for the purposes of this Act, and the
· ··· ' manner in which a register, record, notice, sketch plan
or information is to be kept, given, published or 5
submitted;
(y) the drawing up and keeping of mine plans and the
.· , submission of statistical and other reports in relation
to minerals, mines and machinery;
(i:) . negoti<itions and consultations in terms of sections 26 10
and 33 and the time periods within which the
. negotiations and consultations' must be completed;
(zA)qualificatiorisfor appointment as a health and safety
· · representa-tive, the election and terms of office of
representatives, the circumstances in which a 15
representative must vacate office, the circumstances in
__ which ":l_representative may be removed from office,
the manner in which vacancies may be filled, the
. functions of representatives, the manner in which the
functions of representatives must be conducted, the 20
facilities and assistance that must be provided to
representatives and the training of representatives;
(zB)the establishment of health and safety committees, the
election and appointment of members to a committee,
the terms of office of members of a committee, the 25
circumstances in which a member must vacate office,
the circumstances in which a member may be
removed from office, the manner in which vacancies
may be filled, meetings of the committees, the rules
and procedures of the committees, the facilities and 30
'· assistance that nitist be provided to committees and
th'e training' of the members of committees;
(zC) the appointment of members to the Council in

accordance with the provisions of Schedule 2, the
' . functions of the Council, the payment of allowances 35
to members, the funding of the Council and its
·· permanent committees, and any other matter the
regulation of which, in the opinion of the Minister,
may be necessary for the proper functioning of the
Council and its committees. 40
MINE HEAL1H AND SAFETY Acr, 1996 Act No. 29, 1996
General Provisions
s98
.. . ~ (zD) the· appointment ·of members of the Mining

Qualifications Authority in accordance with Schedule
2;
( zE) qualificationsfor inspectors;
; (zF) the establishment of one or more accounts with a 5

view to funding research and surveys regarding,· and
· for the promotion of health and safety at mines, and
· · the control of those accounts by the Chief Inspector,
98(1 )(zG)-Section 71, ., (zG) the manner in which the presence of witnesses at
beginning on page 64, inquiries must be obtained in terms of section 71, and 10
deals with the duty of every the procedures to be followed at inquiries;
,.·
person summoned at an
inquiry to answer any . (zH) procedures to be followed in respect of appeals to the
question. Chief Inspector or Medical Inspector under this Act;
( zl) fees payable in relation to applications, appeals and

documents;· 15
(~) the payment of levies by mines on the basis of health

and safetY risk for research and surveys regarding, and
for the promotion of,
.
health and safety at mines;
.
(zK) the.ilT_lp~sition of monetary and other obligations in

connection with safe-making referred to in paragraph 20
(n) on persons who-
: ' (i) are or wer~ responsible for the undermining of

any ground or the making of any excavations,
tailings, wa~~e dumps, ash dumps or structures
or for the dangerous condition of any of them; 25
· or
· '(ii)will beriefitfrom that safe-making;
. . (zL) the assumption by the State of responsibility for

safe~making referred to in paragraph (n) in particular
cases; · . ' 30
(zM)the use of plain language in documents that are

required to be published, displayed or distributed in
. · terms of this Act; and
Act No. 29, 1996 MINE HEALTH AND SAFETY ACT. 1996
General Provisions
s98
(zN) any other matter the regulation of which may be

. :necessary or desirable in order to achieve the objects
of this Act.
(2) , No regulation may be made relating to-
(a) State revenue or expenditure except with the 5
· concurrence of the Minister of Finance;
(b) any health matter, except after consultation with the
Minister for Health.
(3) The Minister, after consultation with the Mining
Qualifications Authority, by notice in the Gazette, may 10
make regulations to provide for -
(a) the qualifications for employment in any occupation; ..
,.
(b) conditions for acceptance as a candidate for
examinations;
(c) the issuing of certificates of competency in respect of 15
any occupation;
(d) the funding of the Mining Qualifications Authority
including the manner by which such funds may be
raised; ·
(e) procedures for assessing competency; 20
(j) ·.the accreditation of assessors; .
(g) the establishment of examination bodies;
(h) . ,the appointment of examiners and moderators;
.... (i)' . the monitoring and administration of examinations;
UJ the setting of examination fees; 25
(k) the accreditation of providers of training;
(l) . the establishment of quality assurance procedures;

(m) the issue of qualifications;
:(n) .the registring 'of qualifications; and

(o) any other matter, the regulation of which may be 30
necessary or desirable in order to promote the
activities of the Mining Qualifications Authority.
(4) Regulations made in terms of subsection (3) must be in

GOVERNMENT GAZETIE, 14 JUNE 1996 No: 17242 85
General Provisions
s98
accordance with the National Qualifications Framework

approved in terms of the South African Qualifications
Authority Act, 1995 (Act No. 58 of 1995).
(5) The Minister may incorporate all or part of any health and
safety standard, without restating the text of it, in a 5
regulation by referring to the number, title and year of
issue of that health and safety standard or, to any other
particulars by which that health and safety standard is
sufficiently identified..
(6) The Minister must consult the Council before incorporating 10

a health and safety standard in a regulation.
(7) The Minister, after consulting the . Council, by notice in the

Gazette, may make regulations imposing any function of
an owner. ..
or manager
.
on any. employer other than the
owner. 15
(8) For the purposes of this Act, any health and safety
standard referred to in subsection (5) incorporated in a
regulation is deemed to be a regulation, in so far as it is
· ·not repugnant. to any regulation rria~e under subsection (1).
(9) Whenever a health and safety standard which has been 20

incorporated in a regulation is subsequently amended or
substituted by the competent authority, the regulation
referred to in subsection (5) incorporating that health and
safety standard is deemed to refer to that health and safety
standard as so amended or substituted, unless a contrary 25
intention is" stated in the notice... ; '
(10) The Chief Inspector must keep a register of particulars

of- · ~'·
(a) every amendment or substitution of a health and

· safety standard incorporated in the regulations; · 30
(b) · the publication of any amendment or substitUtions; ·
(c) every publication in which a health and safety

standard that has been incorporated in the regulations·
under subsection (5) was published; and' ·
General Provisions
s99-101
(d) the place in the Republic where each of those

·standards and publications is obtainable or otherwise
available for inspection.
(ll) The Chief Inspector must allow any person to inspect the
register kept in terms of subsection (9) and to make an 5
extract from it.
(12) The provisions of section 31 of the Standards Act, 1993

(Act No. 29 of 1993), do not apply to any incorporation of
a health and safety standard or to any amendment or
substitution of a health and safety standard under this 10'
section.
Amendment of Jaws
. '
.
99. Each of the laws referred to in Schedule 3 is hereby amended
to the extent specified in that Schedule.
,·
Transitional arrangements 15
100~ (1) The amendment of laws referred to in Schedule 3 does not

affect any transitional arrangement made in Schedule 4.
(2) The transitional arrangements in Schedule 4 must be read

and applied as substantive provisions of this Act.
Interpretation 20
....
101. (I) . The provisions of this Act bind the State except in so far
as criminal liability is concerned.
101(2)-Section 26, (2) Subject to sections 26 and 33, no agreement may affect
beginning on page 30, any-
deals with the election and
appointment of health and . · · (a) provision of this Act; 25
safety representatives.
Section 33, beginning on , (b) condition, notice, order, instruction, prohibition,
page 38, deals with the authorisation, permission, consent, exemption,
election and appointment of , . certificate or document determined, given, issued,
members of health and . promulgated or granted by or under this Act by the
safety committees. Minister, Chief Inspector, inspector or any other
person authorised under this Act; or
MINE HEALTH AND SAFElY ACf, 1996 Act No. 29, 1996
General Provisions
s102
(c) .. any condition contained in any exemption.
(3) . Subsection (2) applies to any agreement whether entered

into before or after the commencement of this Act or
before or after the issuing of the documents referred to in
subsection (2). 5
· (4) , Any notice, order or any other document issued in good

faith in terms of this Act, is valid according to its terms,
despite any want of form or lack of power on the part of
any person to issue or authenticate it, provided the
necessary power is subsequently conferred upon that 10
person.
Definitions ··"· :.
102. 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 15
· · 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, 20

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 25

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 30

which power, other than human or animal power, can be
applied to do mech~nical work;
General Provisions
s102
"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 5

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 lO

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 ariy physical, chemical or biological

hazard to health, including anything declared to be a health 15
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 irijury attributable to 20

occupational causes;
"inspector" means an officer appointed in terms of section

49(l)(c) and a Medical Inspector,
"Labour Court" means the Labour Court established by

section 151 of the Labour Relations Act; 25
"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 - 30
· (a) for generating, developing, receiving, storing,

GOVERNMENT GAZETIE, 14 JUNE !996 No. 17242 89
General Provisions
s102
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); 5
"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); 10
~·medic:ll surveillan~e" means a planned progranune of
periodic exrumnation,' which may include clinical examinations,
biological monitoring or medical tests, of employees by an
occupational health practitioner or by an occupational medical
. practitionercontemplated in section 13; 15
"mine" means, when -
(a) used as a noun--
(i) any borehole, or excavation, in any tailings or

in the eirrtb, including the portion of the earth
that is under the sea or other water, made for 20
lll 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 25
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 30
· 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
II - that those excavations, boreholes or places 35
comprise two or more mines; or
General Provisions
s102
i (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, 5
including p~ospe'cting' ili 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), whethe~ 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
. ' ,·,. . - . :J . .
(c): that has been fo~edby or subjected to a geological 15
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; 20
"Minister" means the Minister of Mineral and Energy Affairs;

. . .. ; ~ ~
"occupational-disease" means any health disorder including an

occupa~onal dis~~se as contemplated by the Occupational
· .Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973),
:o~by the Compensation for Occupational Injuries and Diseases 25
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 30
occupational health recognised by the South Mrican Interim
Nursing Council; ·
''occup~tion~l hygiene" means the anticipation, recognition,
ev~luation and control of conditions at the mine, that may cause
illness or adverse health effects to persons; 35
"occupational medicine., means the prevention, diagnosis and
treatment of illness, injury and adverse health effects associated
· . with a partic~lar type of work;
MINE HEALTII AND SAFE'IY Acr,1996 Act No. 29, 1996
General Provisions
s102
"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); 5
. )
..
"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 S(l)(a) of the Public
Service Act, 1994 (Proclamation No. 103 of 1994), and includes
. a woman or man contemplated in section 8(l)(b) or 8(3)(c) of 10
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 peimit or mining 15

authorisation issued ~nder the Minerals Act; or
(b) if a prospecting permit or mining authorisation does

., not exist, th~ _last person who worked the mine or that
perso~'s successor in title;
l . .. '
"prescribed" means prescribed by regulation; 20

• • . '. r ,, ,
"processing" means the recovering, extracting, concentrating,

refining, calcining, classifying, crushing, milling, screening,
washing, reduction, smelting or gasification of any mineral, and
"process'' has a sinular meaning; .
. .. .: ' . i ·. : : ·, . : . ~ : ~- ;. ·:.
"prospecting" means intentionally searching for any mineral 25
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 mhz~ aS . verl?; · ·:-.
a
"reasonably· practicable" means practicable having regard 30
to-
(a) . the severity and scope of the hazard or risk

; '
. .. concerned; .
_.···
Act No; 29, 1996 MINE HEALTII AND SAFETY ACf. 1996
General Provisions
s102
• (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 5
· ·· · (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 10

terms of section: 13(3);· · · ·.
"registered tradeunion'' 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; 15
"representative trade union" means a registered trade union,

or two or more registered trade unions acting jointly, that have
as members the maj<;>rity of employees at a mine;
' :·\ •. I
"risk" means the likelihood that occupational injury or harm to

persons will' occur; ' - 20
' "safetY" means safety at mines;
"serious injury" means any injury which is reportable under

·this Aer;· · ·- ·
-"serious iilness" means any illness resulting from occupational

exposure ~at affects- the heaith of a person to the extent that it 25
incapacitates the ·affected person from resuming that person's
J10~al 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
General Provisions
s102 · ·
(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 5
.• . 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- : .: 10
.·. (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, 15

pennission, 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; 20
."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 25

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 30
(c) the making, repairing, re~opening or closing of any

subterranean tunnel; or
94 No. 17242 GOVERNMENT GAZElTE; 14 JUNE 1996
Act No. 29, 1996 MINE HEALTii AND SAFETY ACf. 1996
General Provisions
s10~106
(d) any operations necessary or in connection with any of

the operations listed in this paragraph.
.~ I ' '. ~ .
Occupational Health and. Safety Act, 1993, not applicable

...··: .
103•. The Occupational Health and Safety Act, 1993 (Act No. 85 of
· ·· 1993), is not applicable to any matter in respect of which any 5
provision of this Act is applicable.
• -, . I . ~. • •
Civil liability· of State . . . . ,
104. 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, 10
and in taking or failing to take that action the officer acted
without negligence and in good faith.
Act binds State
105. The provisions of this Act bind the State except in so far as
ariy criminal liability is concerned. 15
I • '•
·-·'
,., '
· Short title and commencement
106. (1) This Act is called the Mine Health and Safety Act, 1996.
(2) This Act comes into operation on a· date fixed by the

Jj; President by proclamation in the Government Gazette.
GOVERNMENT GAZE'ITE. 14 JUNE 1996 No. 17242 95
····, MINE HEALTII AND SAFElY ACf, 1996 Act No. 29, 1996
Schedule 1 - Guidelines for Determining the Number of Full-time Health and Safety Representatives -.
• , , .• 1 SCHEDULE 1
: ; GUIDELINES FOR DETERMINING THE NUMBER OF

FULL-TIME HEALTH AND SAFETY REPRESENTATIVES
1. Introduction
" . ·,.
(1) This Schedule contains guidelines for determining the 5

number of full-time health and safety representatives.
.' ~ ·.
(2) This Act places the highest value ·on agreement. The parties
referred to in section 26 must refer to this Schedule, using
its guidelines in a manner that best suits the particular
mine. 10
(3) If agreement is not reached, the Commissioner appointed

by the Commission must refer to this Schedule, using its
guidelines in a manner that best su~ts the particular mine.
2. Minimum threshold
(1) There should be a full-time health and safety 15

representative in every mine that requires the use of a
full-time health and safety representative, taking into
account-
(a) the volume, size and physical location of the mine;
(b) the health and safety record of the mine; 20
(c) the number of designated working places; and
(d) the objects of this Act.
(2) The guidelines as to the size of the mine that should have
a full-time health and safety representative is a mine with
500 employees. 25
3. Number of full-time health and safety representatives
(1) The formula for determining the number of full-time health

and safety representatives should take into account -
(a) the nature, size and physical location of the mine;

GOVERNMENT GAZE'ITE, 14 JUNE 1996 No. 17242 · 96
Schedule 1 - Guidelines for Determining the Number of Full-time Health and Safety Representatives , , ·- , , > -
(b) ·the health and safety record of the mine;
(c) the number of designated working places;

·,.
(d) the number of health and safety representatives;
(e) the number of shafts and the number of employees at

·· the shaft; and 5
(f) the objects of this Act.

Schedule 2 - Nomination and Appointment of Members to Tripartite Institutions
. :-sCHEDULE.2.
NOMINATIOrfAND APPOINTMENT OF MEMBERS TO

TRIPARTITE INSTITUTIONS
The Minister must make the regulations referred to in sections 42(2)

and 45(2) i~ ~. ~anner that ensures that- 5
(a) members appointed to represent employees are either-
(i) all nominated by agreement between registered trade

unions r~pr~senting at least 75% of employees
belonging
.
~
to
. . such
.
trade
..
unions in the mining industry;
~
or 10
(ii) failing agreement in terms of subparagraph (i) -

~ ' .
(aa) at least half are persons nominated by a
registered trade union or unions representing
the majority of employees belonging to such
· trade unions in the mining industry; and 15
(bb) the rest are persons nominated by registered

trade unions and appointed in accordance with
the significance of the trade unions concerned;
·ana -
(b) . membel"S appointed to represent owners are either - 20
(i) all nominated by agreement between employers'

organisations whose members employ at least 75% of
. e"!ployees in the mining industry; or
(ii) failing agreement in terms of subparagraph (i) -
(aa) at least half are persons nominated by an 25

employers • organisation or organisations that
employ the majority of the employees in the
mining industry; and
(bb) the rest are persons nominated by employers'

organisations and appointed in accordance with 30
the significance of the organisations concerned.
Act No. 29, 1996 MINE HEAL111 AND SAFETY ACf, 1996
.- . ~- - . Schedule 3 - Amendment of Laws
GENERAL' EXPLANATORY NOTE:

[ ] . Word~ _in __bold type in square brackets indicate
~:- . . .
·. ·. . . ' omissions from. existing enactments.
Words underlined with a solid line indicate
inse!1ions, in existing enactments. 5
SCHEDULE 3
· ..
AMENDMENT OF LAWS
A: MINERALS ACT, 1991
Amendme'n t of section 1 of Act 50 of 1991, as amended by

section 1 of Act 103 of 1993 10
.
t Section 1 of the Minerals Act, 1991 (in this Schedule referred
to as the principal Act), is hereby amended -
(a J by the deletion of the definitions of "certificated",

"engine", "investigating officer", "machinery",
"manager", "mine safety committee", "peace 15
.. officer", "regional director", "regional mining
· engine~r", "serious bodily hann" and "works";
(b) by the insertion before the definition of "Department"

of the following definition:
. .
" 'Chief Inspector' means the Chief Inspector 20
appointed in tenns of section 48 of the Mine Health
and Safety Act, 1996;"; and
(c) by the insertion before the definition of "elevator" of

the following .pefinition:
" 'Director: Mineral Development' means any officer 25

·appointed in terms of section 4;".
GOVERNMENT GAZETI'E, 14 JUNE 1996 No. 17242 99
MINE HEALrn AND SAFETY ACT, 1996 Act No. 29, 1996
Schedule 3 - Amendment of Laws
Amendment of section 2 of Act 50 of 1991, as substituted

by section 2 of Act 103 of 1993
-- 2. · Section 2 ·of the principal Act is hereby amended by the

deletion of subsection (2). : -
Amendment
. ~
of section
.. 8 of Act 50 of 1991
.·
5
~-. -, I
3. Se~tion _8 of the principal Act is hereby amended by the

substitl!tion for subsection (1) of the following subsection:
"(I) No holder of any prospecting permit shall remove any

mineral found by [him] the holder in or on land or in
tailings in the course of prospecting operations, from 10
such_land or the hind on which such tailings are
situated or dispose of any such mineral, excluding
samples of any such mineral removed for tests thereon
or identification or analysis thereof, except with the
wi-itten consent of the holder of the right to such 15
ffiinernl in respect of such land or tailings, and with
written permission granted by the [regional director]
Director: Mineral Development concerned, subject to
such conditions in respect of [safety and health]
optimal utilization· or rehabilitation as may be 20
[determined_by him and] specified therein.".
Amendment of section 9 of Act 50 of 1991
4. Section
' r; ·
9, of·: the principal
r, •
Act is hereby amended -
f ~ • ·
1
: (a)_-_.-by tl_le~ ~ubstitution for paragraph (a) of subsection (3) of

· the·
.
follo:wing paragraph:
. .. ,
25
. ·,_'(a) withithe manner in which and scale on which the

~ - 'applic~u1t in'te~ds to mine the mineral concerned
optimally [and safely] under such mining
iu.lthorization; .. ; ·
·.. '' "; . .
(b) by the 'substitution for paragraph (c) of subsection (3) of 30

th~ following paragraph: __
"(c) that such applicant has the ability and can make the
. - ·_necessary pro~ision to rrune such mineral optimally
Schedule 3 -Amendment of Laws
[and safely] and to rehabilitate such disturbances of

the surface; and";
(c) by the substitution for paragraph (c) of subsection (5) of
the following paragraph: ...
"(c) particulars about the manner in which and scale on 5
which the applicant intends to mine such mineral
under such mining authorization optimally [and
safely] and to rehabilitate disturbances of the surface
which may be caused by [his] the intended mining
operations;";
(d) by the deletion of the word "and" at the end of paragraph

"(d) of subsection (5) and by the substitution for paragraph
.· (e) of that subsection of the following paragraph:
"(e) particulars about the applicant's ability to make the

necessary provision to mine such mineral optimally 15
[and safely] and to rehabilitate such disturbances of
·-.
the surface· and"·
'(e) by the addition to' subsection (5) of the following

·paragraph:_ ·
·"(f) Qarticulars about the aQQlicant's ability to mine in a 20
healthy and safe manner,"; and
..
i.
(j) by the addition of the following subsections:

"7 The Director: Mineral Develo ment shall consult as to
the issuing of a mining authorisation with the Chief
Inspector, and·no inining authorisation may be issued 25
unless the Chief Inspector is satisfied that the
applicant has the ability and can make the necessary
provision to mine in a healthy and safe manner.
(8) . Subsection (7) shall apply mutatis mutandis in relation

to the issuing of a prospecting permit in terms of 30
section 6 or a Qermission in terms of section 8. ".
· S. Section 12 of the prinCipal Act is hereby amended by the

:addition of the following subsection, the existing section
becoming subsection (1):
Schedule 3- Amendment of Laws
" 2 · · Before issuin a certificate referred to in

subsection (1), the Director: Mineral Development
· shall consult with the Chief Inspector in that
regard, and no such certificate shall be issued if
the Chief Inspector is of opinion that the 5
provisions of the Mine Health and Safety Act,
1996, have not been complied with by the holder
· referred to in subsection (1).".
Substitution of section 15 of Act 50 of 1991
6. · Section 15 of the principal Act is hereby substituted for the to

following section: .
"Restriction on issuing of more than one prospecting

permit or mining authorization in respect of same
mineral and land 15
15. No prospecting permit or mining authorization

shall be issued in respect of any mineral in respect
of land or tailings, as the case may be, if a
prospecting permit or mining authorization has
already been issued in respect of such mineral and 20
land.or tailings, as the case may be, unless the
[regional director] Director: Mineral Development
is satisfied that such first-mentioned issuing will
not detrimentally affect the object of this Act in
relation to optimal exploitation of minerals [safety, 25
health] or rehabilitation.".
. 7. Section 25 of the-principal Act is hereby amended by the

substitution..for subsection (2) of the following subsection:
"(2) The Manager of a mine [or works] may search or 30

cause to be searched any person employed at such
mine [or works] for p~ssession of any mineral in
respect of which the ·possession has been
prohibited under subsection (1).".
Act No. 29, 1996 MINE HEALTH AND SAFETY ACI', 1996
Rep~al of _sections 26 to 37_ of Act 50 of 1991
8. Sections:26 to 37 of the principal Act are hereby repealed.

- ,'.
. ~ ;
'
9. Section 39 of the principal Act is hereby amended by the

. substitution in subsection (3) of the words following upon 5
paragraph (c) of the following words:
,_
"he -
or she
- shall consult as to that with the Chief
Inspector and each department charged with the
administration of any law which relates to any
matter affecting the environment.". 10

· •substitution for subsection (1) of the following subsection:
"(lr The [regional director] Director: Mineral

Development may issue directives and determine 15
conditions in relation to the use of the surface of
' . land comprising the subject of any prospecting
permit or mining authorization [or upon which a
·works is situated] in order to limit any damage to
or, the disturbance of the surface, vegetation, 20
environment or water sources to the minimum
which is necessary for any prospecting or mining
operations or processing of any mineral: Provided
· that 'such ·rurectives and conditions shall not be
construed as placing the .holder of any such 25
·· prospecting permit or mining authorization [or the
· owner ofsudi 'works, as the case may be], in a
better position vis-a-vis the owner of such land in
•relation to the use of the surface thereof.".
Arrie.ndment of section 51 of Act 50 of 1991, as amended 30

by
.
section
·. -,
20 of Act 103 of 1993
·-. - ' ,_. . .
. · ' - ·t • • , • ..' .
11. Section 51 of the principal Act is hereby amended -
(a) by the substitution for paragraph (b) of subsection (2) of

the following paragraph:
GOVERNMENT GAZETrE, 14 JUNE 1996 No. 17242 103
MINE HEAL1H AND SAFElY ACf, 1996 Act No. 29, 1996
Schedule 3- Amendment of Laws
"(b) question any person and take a statement from [him]

such person, in which case section [29(4)] 53C(4)
.. ; ·. . . shall be applicable. mutatis mutandis;"; and
(b) by the deletion of paragraph (d) of subsection (2).

'.:": .
. Insertion .of sections 53A,
.
538 and 53C in Act 50 of 1991 s
12. The following s~ctioris are hereby inserted after section 53:
.'~Orders, suspension~ and.instructions
ari
. .. 53A. 1 If officer authorised b the Director-General is of
the opinion that any contravention or suspected
contraveri~iori of or any failure to comply with any · 10
provision of this Act or any condition to which any
.. authoriz~tion, exemption, environmental management
·· programme .or permission granted or approved in
terms of this Act, is subject, occurs at any mine or
place presumed to be a mine, such officer may- 15
. (a) .. order'the owner, manager or any official,

. .. employee or agent of such mine or place to take
·, · irrlrn.ediate rectifying steps; or ·
. (b) order that the operations at such mine or place or

part thereof be suspended, 20
a~d ·give .. such.instructions in connection therewith as

he or she.may deem desirable.
. . . ~ .'
(2) Any order referred to in subsection (l)(b) shall be
. confirm.ed or set aside by the Director: Mineral
·; Development, who ·shall notify the owner or manager 25
.of the min~ or presumptive mine concerned in writing
of his or.~er decision as soon as practicable.
(3) . Any order given under subsection (l)(b) shall take

effect from the time fixed by the officer concerned and
.. shall remain in force until set aside by the Director: 30
· Mining Development or until the instructions of the
~fficer hav~ been complied with.
104 No. 17242 GOVERNMENT GAZETIE, 141UNE 1996
Inquiries
53B. (1) If any. contravention or suspected contravention of or

any failure or suspected failure to comply with any
provision of this ACt occurs at any mine or place
presumed to be a mine, an inquiry may be held into 5
any such matter by an officer designated by the
Director-General.
(2) The Director-General may, either before the

co~encement or at any stage of an inquiry held in
terms of subsection (1) or (4) designate one or more 10
· other officers to assist in the holding of such inquiry
· and ~ay designate ari officer to preside at such
inquiry.
(~) Any investigating officer holding an inquiry into any

matter in terms of this section shall, if necessary with 15
the ·assistance of an interpreter, take down or record
by mechanical means the evidence given thereat and
submit a written copy thereof with a report thereon to
the Director: Mineral Development, who shall
trarismit it to the Director-General, unless otherwise 20
directed by the latter.
. .
(4) Upon consideration of the evidence and report
referred to in subsection (3) the Director-General may
requiie that the matter concerned be inquired into
further.· 25
Attendance and ex~ination of witnesses at inquiry
53C. (1) An investigating officer holding an inquiry in terms

of section 53B(l) or (4) into any matter or who is
to preside or is presiding at such inquiry may, for
the purposes of such inquiry - 30
(a) director summon any person to appear before

him or her at such time and place as may be
determined by him or her; or
(b) order any person present at the place where

such inquiry is being held - 35
MINE HEALTII AND SAFETY Acr, 1996 Act No. 29, 1996
(i) to give evidence thereat;

(ii) to produce any document or thing which
he or she may deem necessary for the
proper disposal of such inquiry; or
· (iii) to perform any other act in relation to this 5
Act which he or she may direct.
(2) (a) If any person has reason to believe tll~t he or
she may be held liable for any matt~r which
shrul or may be inquired into in terms of section
53B(l) or (4), he or she shall hav~ the right, but 10
is, subject to subsection (1), not compelled, to
be present at any such inquiry aq~ to be assisted
or represented by another person.
(b) If at any inquiry held in terms of section 53B(l)
or (4) evidence has been or is being given from 15
. which any person may reasonably infer that he
. or. she may be charged with contravening any
provision of this Act or failing to comply
therewith or may be held responsible in any
manne~ for the matter comprising the subject of 20
such inquiry, he or she shall have the right, but
is not compelled, to give evidence and, either
per~onally or through a representative -
(i) to be heard;
(ii) to call any witness or to request the 25
investigating officer to direct or summon
any witness on his or her behalf, either to
give evidence thereat or to produce any
document or thing;
(iii) to cross-examine anybody giving evidence 30
at such inquiry; and
(iv) to peruse any document which has been
.. presented as evidence.
(3) Any person who satisfies an investigating officer that
he or she has a material interest in any inquiry held in 35
terms of section 53B(l) or (4) may, either personally
or through a representative, put such questions as the
investigating officer may consider relevant to such
inquiry, to a witness giving evidence thereat.
106 Jllo. 17242 GOVERNMEJIIT GAZETTE, 14 JUJIIE 1996
Act Jllo. 29, 1996 MINE HEALTII AND SAFETY ACf, 1996
. (4) (a) Ariy investigating officer may, at any inquiry

held in terms of section 53B(l) or (4),
administer an oath which is normally
administered to a witness in a court of law, to
any witness before giving evidence or, if 5
objecting to taking such oath, he or she may
make an affirmation, and such affirmation shall
have the same legal force and effect as such
oath.
(b) No person called as a witness at any inquiry held to
in terms of section 53B(l) or (4) shall, when he 111
· · ·or she is requested thereto, refuse or fail to take

'·an oath or, if he or she objects thereto, to make
:an affirmation.
(c) No person to whom an oath referred to in 15

paragraph (a) has been administered or who has
inade an affirmation so referred to, shall give
' ' evidence knowing it to be false or make a
· statement under oath or affirmation which is
'. contrary to any statement which that person made 20
. under oath or affirmation on a previous occasion.
, (5(' Any. 'w!tness at any inquiry held in terms of section

53B(l) or (4) shall have the same privileges in
· relation to the answering of questions or the
production of documents or things as such witness 25
. would have had under the same circumstances if the
witness had been summoned as such before a court of
- law.·
(6) (a) Any inquiry or any part thereof held in terms of

section 53B(l) or (4) shall, in so far as it is in 30
the opinion of the investigating officer practically
possible or desirable, be held in public.
(b) The investigating officer may decide whether any

witness who has to give evidence or has given
· evidence at any inquiry referred to in paragraph 35
(a), shall be present whilst other witnesses are
giving
'
their
.
evidence
. thereat.
GOVERNMENT GAZETI"a 14 JUNE 1996 No. 17242 107
MINE HEALTII AND SAFETY ACI', 1996 Act No; 29, 1996
Obstruction of inquiry or investigating officer or failure to

· render assistance ·
53D•..· No person shall. in relation to any inquiry held in terms

·.. of section 53B(l) or (4)-
(a) , without reasonable justification fail to comply with 5

.' : any direction, summons or order issued or given
., under section 53C(l) or by virtue of a request
under ~ection 53C(2)(b)(ii);
(b) refus~ or fail.to answer ~o the best of his or her

knowledge any question lawfully put to him or her 10
by or with the concurrence of the investigating
officer. Provided that no person shall be obliged to
. answer any question whereby that person may
incriminate himself or herself;
(ci hi any ·manner whatsoever advise, encourage, incite, 15

order or persuade any person who has been
directed, summoned or ordered under section
53C(l). or by virtue of a request under section
.53C(2)(b)(ii), not to comply with such direction,
summons or order or in any manner prevent him or 20
her from doing so;
(d) refuse or fail, when required thereto by the

. investigating officer, to furnish him or her with the
means or to render him or her the necessary
. ' assistance for holding such inquiry; 25
.: · ..
. (e) refuse or fail, when required thereto by the
investigating officer, to attend an inquiry; or
(f) intentionally insult an investigating officer or

. intentionally interrupt the proceedings thereat.".
. . . \
Amendment of section 54 of Act 50 of 1991 30

substitution for subsection ( 1) of the following subsection:
Act No. 29, 1996 MINE HEALTH AND SAFETY ACT; 1996

- ---
\: :.:.-."(l)The holder of or applicant for any prospecting pennit or

mining authorization [or the owner of a works] shall, at
least 14 days before he or she commences with any
·operations under any such a permit or authorization [or at
•a works] or intends to cease such operations temporarily 5
or permanently, notify the [regional director] Director:
· Mineral Development' concerned and the Chief Inspector in
· · .· ; ~ ·~ · writing of ·any. such intended commencement or cessation,
! . ' · ••.. ; ~-·and provide particulars in connection with the location,
~- ··nature and extent of such operations.". 10
Amendment of section 60 ·of Act 50 of 1993

. • ·,_, _·' ~ I ' . .,. - ; ·•. ~. (
14•. Section 60 of the principal Act is hereby amended-

: '· .... .'
_ · .: (a) ·by the _substitution for subsection (1) of the following

.·, .. . :. subsection: : . · :·
''(1) Any person who contravenes or fails to comply 15

with~· · · ,.
. (a) any provision of-
. (i) ·section 5(2), 8(1), [31(1), (3) or (4), 31(a)]

. ·· 38(1), 39(1), 40, 41(2), 42(5), 52 or 54;
· (ii) section 7(1) [31(5), 33(1) or 34(1)]; 20
'(iii) section 19(1) or (2), [29(4)(b), 30(b), (c), (d),

.. .
.: · (e) or(/)] 38(2)(a), 53C(4)(b), 53D(b), (c), (d),
(e) ·o r W [58] or 59;
(iv) [section 35(1) or 36]

. • :. J ~ ·: ~ ..~
(v) [section 32(1) or (2) or 34(3)]
, J ,. • • '
25
(vi) [section 37(b)]

;-, .:
(vii)_[section 29(4)(c)] 53C(4)(c); or
.. ..(viii)
-..
. [section
. . •.
30(a)]
. '- ' .-
53D(a); or
.• -· ~ ; ;:. : . - ' .
: (b) any provision of - .. ~

~ ·' . . ,
(i) any direction, notice, suspension, order, 30

instruction or condition issued, given or
determined under section 22(1), 23(1), [27(1) or
(5), 33(2), 34(2) or] 38(2)(b) or 53A(l);
MINE HEALllf AND SAFETY ACT, 1996 Act No. 29, 1996
(ii) any requestreferred to in section 51(3); or

, ; ..·:.· .
(iii) any notice issued under section 25(1),

' -
shall be guilty of an offence."; and

;; · ·
(b) by ~ the substitution for subsection 2 of the following

' subsection: ·. ·-·, · 5
~ .. ' .
: "(2)Any.person who contravenes or fails to comply with a

provision of this Act, a regulation or any condition,
. notice~~ order, instruction, prohibition, authorization,
permission, consent, exemption, certificate or
document determined,_ given, issued, promulgated or 10
: ~granted by or ·under this Act by the Director-General,
[the Government Mining Engineer, a regional
: dirt:ctoi; a regional nlining-engineer] a Director:
·. ·Mineral Development or any other officer in the
serviCe of the Department duly authorized thereto ex 15
officio or by the Director-General shall, if any such
contravention or failure is not declared an offence
_. t '··. ... .. ' .. -· ' • :. • ' . ' l .. - ' .. ~ " .• - • ..
" elsewhere; be guilty ohm offence." .
. Amendment of section 61 ofAct ·so ·of 1991, as amended

by section 22 ofAct 103.of 1993 · 20
·1s.
I
Section· 61· of the prlnCipal· Act i~ ·hereby amended by the
' , ' . · ' · . . · · ' ,•.: , ..
· · ··deletion of paragraphs (d), (e) and (f) of subsection (1).
.' ·'; - 0 ' : • : • • •• ' ·: •I ' • -. • ._ ' ~ · ·. : : • f •; .. ,·· ':' ~ ·: .
Amendrru:!nt'ors·ection 63 of Act so of 1991, as amended

: by section 2-4 of-Act .103 of 1993' .·
~ -_
, .· ' .. . :' .; . ·. ; ~ :: !.; ,• ·. r- ' .. ;;:., ·, .
16. Section 63 of the principal Act is hereby amended - 25
(a) by the deletion of paragraphs (a), (b), (h)(iv) and {v), (i),
(j), (k), (l), (n), (u), (v), (w) and (x) of subsection (1);
(b) by the substitution for paragraph (m) of subsection {1) of

the following paragraph:
"(m) the manner in which the presence of witnesses at 30

inquiries held in terms of section [28(1), (2) or (5)]
53B(l) or (4) shall be obtained and procedures to
be followed at such inquiries;";
(c) ·by the substitution for subsection (2) of the following

subsection:
"(2) No regulation relating to State revenue or

expenditure [or to any health matter] shall be
made by the Minister except with the concurrence 5
of the Minister of Finance [or the Minister of
State Expenditure or after consultation with the
Minister for National Health and Welfare,
respectively]"; and
(d) by the deletion of subsection (3).
Substitution of expression in Act 50 of 1991
17. The principal Act is hereby amended by the substitution for the
expression "regional director", wherever it occurs in the Act, of
the expression "Director: Mineral Development" .
.Substitution. of long titie of Act so of 1991 15
18. The following long title i_s hereby substituted for the long title
of tl.Ie. principal Act:
'To regulate the prospecting for and the optimal exploitation,

processing and utilization ~f minerals; [to provide for the
safety and health of persons concerned in mines and works] 20
to regulate the orderly utilization and the rehabilitation of the
surface of land during and after prospecting and mining
operations; and to provide for matters connected therewith.".
GOVERNMENT GAZETIE. 14 JUNE 1996 No. 17242 Ill
MINE HEALTI{ AND SAFETY Acr, 1996 Act No. 29, 1996
B: REFERENCE TO GOVERNMENT MINING ENGINEER IN

CERTAIN ACTS
Substitution for Government Mining Engineer
. The following Acts are hereby amended by the substitution for the
expression ...Government Mining Engineer", wherever it occurs. of 5
the expression ..Chief Inspector as contemplated in the Mine Health
and Safety Act. 1996.":
Advertising on Roads and Ribbon Development Act. 1940 (Act No.

21 of 1940)
Rand Water Board Statutes (Private) Act. 1950 (Act No. 17 of 1950) 10
Mines and Works Act. 1956 (Act No. 27 of 1956)
. National Roads Act. 1971 (Act No. 54 of 1971)
Occupational Diseases in Mines and Works Act. 1973 (Act No. 78 of
1973)
National Building Regulations and Building Standards Act. 1977 15
(Act No. 103 of 1977).
112 No.-17242 GOVERNMENT GAZETIE. "14 JUNE 1995
Schedule 4 -Transitional Provisions
":SCHEDULE 4-.
TRANSITIONAL PROVISIONS
· .·~ .... .., . ··:
..
.... . .·
1. Any health and safety standard which, immediately prior to the

commencement of this Act, was incorporated under the
I . ·provisions Of the Minerals· Act or the regulations made under 5
that Act is:deemed to .be a health and safety standard
incorporated under this item. · · : ·. ,. ·
· : 2. ·. A certificate of fitness· issued under the provisions of the

Occupational Diseases in Mines' and Works Act, 1973 (Act No.
78 of 1973), which was valid immediately before the 10
, commencement of this Act shall be deemed to be sufficient
proof that the employee is fit·to perform work until the
·. ~certificate is ·cancelled of expires.
. 3. A declaration in respect of any work which has been declared

under the Occupational Diseases in Mines and Works Act, 1973 15
(Act No. 78 of 1973), to be risk work at controlled mines is
deemed to be a declaration made under section 76(1) of this Act
and remains in force until the declaration is withdrawn or
superseded under this Act.
4. Any regulation made or deemed to be made under the Minerals 20

Act that relate to health and safety issues that can be regulated
under this Act remains in force until amended or repealed under
this Act.
5. To the extent that it grants exemptions from the operation of a

provision similar to a provision of this Act, an exemption is 25
deemed to have been granted under section 79 if -
(a) it was granted under the provisions of the Minerals Act;

and
(b) it is still in force when this Act commences.
6. Section 85 does not apply to an employee employed at any 30

mine immediately before the commencement of that section.

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REPUBLIC OF SOUTH AFRICA

Registered at the Post Office as a Newspaper

; .·: .: ' .; .; i .· !. _: : . : - • • '.I • • ~ ' •· ·; :' ~: ! ~ ; ~ : :: •

VoL. 372 CAPE TOWN, 14 JUNE 1996 No. 17242

No. 967.- -. · 14 June 1996

It is hereby notified that the President has' assented to the

No. 29 of 1996: Mine Health and Safety Act, 1996.

Act No.- 29,-1996: MINE _HEALlli AND SAFETY ACf, 1996

. to promote a culture of health and safety;

to provide for the enforcement of health and safety

to provide for appropriate systems of employee, employer

to establish representative tripartite institutions to review

to provide for effective monitoring systems and inspections,

to promote training and human resources development;

to regulate employers' and employees' duties to identify

to entrench the right to refuse to work in dangerous

to give effect to the public international law obligations of

and to provide for matters connected therewith.

(English text signed by the President.)

.B· E IT ENACTED by the Parliament of the Republic of South

.. 1. Objects of Act. ......................."..·............................................... 10

HEALTH AND.SAFETY· AT MINES .....:................................... 11

. 2. · · Owner to ensure safety .. :; ....;.......:..... ~.·.:.................................. 11

. 3. --:OWt1er 'niiist appoint manager .... ~'.... ~: ..~................................... 12

4. < owri~; ~ay entrust functions to another person ................... 12

:· ~i: . ::Ma~ag~~ t~: ~~Url~·he~thy

6. Manager to ensure adequate supply of health and safety

·. 1: ..ManagJ~\~. staff mine_'wilh:

·SafetY· ..:...~·..... .-.·....~ ..... :.~ .. ~ ... :~ ..:....::........................................... 14

8. . Man~ger m~st' establish heaith and safety policy . ..... ........... 14

10. ·Ma1.ager to pr~vide health· ~d s~ety training ..................... 16

·11.' M~ager.to. assess ~d respond to risk.................................. 11

12: Manager to .co~duct occup'ational. hygiene measurements ... . 19

· 13.' Manager to establish system of medtcal survetllance .......... 20

..l4.'; ·R~~~~d ~f ·haiarddu~ wo~k .~ ...~.:: ...... :.~................................... 22

15. Record of medical surveillance ............................................. 22 ·

Art No. 29, 1996 MINE HEALTIIAND SAFETY ACT, 1996

16.: .Annual medical reports.:~.;:::··.~·:·~~.. :.~..~:.-:.:;·................................... 22

19. Employees' right to information ............................................ 24

20. Employee may dispute finding of unfitness to perform

. 22. Employee~', duties :for health ancl:sa(ety ............................... 27

23. .Employees' right to_ le~ve dangerous working place ............ 28

~~- .. Etnpl()yees ~o.t to pay for safety. rp.easures ........................... 29

HEALTH AND SAFETY REPRESENTATIVES AND

25. ·Health. and safety ·'representat~ves·

.?,~·. ~egotia_tion ~d ,co?~u~tati~n bef9re appointment of

28. Qualifications of represe~tatives . ............................................ 33

30. Rights and powers of representatives ........ ........ ........... ......... 34

31. Duty !O compensate and assist representatives ..................... 37

. 32. Duty to inform representatives .............................................. 38

commJttees ~···..... .-..·... ~ .. ~.......~:.... ;~ .........·.................................... 38

·34. ·;Establishment of health and· safety committees .................... 40

·35: :Committee procedures·;;;....... ~;:;;............................................. 41

36. ·Rights and powers of health:and safety committee .............. 41

37. · Duty to support committee .;;~; ...-L .. ~.:...............................:... 42

38.. Disclosure of information ....... :.... L......................................... 43

39. "Disputes concerning d~sclosure of information...................... 43

40. ·Disputes concerning. this Chapter ...... :................................... 45

41. :Establishment of tripartite institutions :.................................. 46

42 .. Mine Health and Safety Council ;.... :.::.................................. 46