Parts: I - II - III - IV - V - VI - VII - VIII - IX - X - XI - XII - XIII - XIV - XV - XVI - XVII - XVIII - XIX - XX - XXI - XXII - XXIII - XXIV - XXV - XXVI - (XXVII)

PART IV GENERAL DUTIES AND RESPONSIBILITIES OF OWNERS OF MINES, MINE MANAGERS AND PERSONS EMPLOYED OR OTHERWISE PRESENT IN OR AT MINES

Provision of funds and facilities by owners of mines to ensure health and safety of persons employed or otherwise present in or at mines


4.1 (1) The owner of a mine shall -

(a) provide such funds, and take such other steps as may be necessary in order to ensure the health and safety of persons employed or otherwise present in or at such mine;

(b) perform such other duties as may be imposed upon the owner of a mine in terms of the Minerals Act or any other law.

(2) It shall not be a defence in any proceedings brought against an owner of a mine under these regulations that the mine manager is, in terms of these regulations, responsible for the control, management and supervision of, and the direction of persons employed or otherwise present in or at, such mine.


(3) (a) When the mine manager, accredited agent or person employed in or at a mine or, in the case of a company, the director or the owner of the mine concerned (in this section referred to as the principal) does or omits to do any act, and it would be an offence in terms of these regulations for the principal to perform or omit to do such act himself or herself that principal shall be deemed himself, herself or itself to have done or omitted to do the act, unless he or she or it satisfies the court that -

(i) he, she or it neither connived with nor permitted the act or omission by the mine manager, accredited agent or employed person;

(ii) he, she or it took all reasonable steps to prevent the act or omission; and

(iii) an act or omission, whether lawful or unlawful, of the nature charged, on no condition or under no circumstance came within the scope of the authority or employment or duties or functions of the mine manager, accredited agent or employed person.

(b) In the application of paragraph (a)(ii) the fact that such principal issued instructions whereby an act or omission of that nature is prohibited, shall not in itself be regarded as sufficient proof that he, she or it took all reasonable steps to prevent the act or omission.

(c) When a principal is by virtue of paragraph (a) liable for an act or omission by a mine manager, accredited agent or person employed, that manager, accredited agent or person employed shall also be liable therefore as if he or she is the principal concerned.

(d) Paragraph (b) shall not release the mine manager, accredited agent or person employed contemplated in that sub-regulation from any other liability which he or she may have incurred apart from the liability which he or she shares with the principal concerned.

(e) In the application of this regulation in criminal proceedings, evidence that any thing was at the time of the act or omission charged, in the possession or under the custody, supervision, control or care of any mine manager, accredited agent or person employed by the principal, shall be prima facie proof that the principal concerned is the owner of the thing concerned.



General duties and responsibilities of mine managers


4.2 1. The mine manager shall -

(a) be responsible for the control, management and supervision of, and the direction of persons employed or otherwise present, including any contractor or subcontractor or any person employed by any such contractor or subcontractor, in or at the mine;

(b) comply with any order issued by the Chief Inspector in terms of these regulations;

(c) ensure that : -

(i) - no person works in or at a mine, unless he or she has received the necessary instruction and training so as to be able to perform the work safely and competently;

(ii) - no person work alone in any remote part of a mine where, if any accident occurred, he or she would not soon be discovered or assisted;

(iii) - no inexperienced person shall be employed for any work except under the supervision and guidance of a competent person;

(iv) - no blaster be placed in charge of workmen in any underground or opencast mine where such blaster is unable to supervise efficiently in accordance with the regulations;

(v) - no blaster shall be placed in charge of workmen, scattered over more places than can be generally inspected without undue exertion within the course of 40 minutes. 

(d) take any such measures as may be necessary so as to ensure -

(i) the compliance with or enforcement of the requirements of these regulations at such mine;

(ii) the health and safety of persons employed or otherwise present in or at the mine, and the protection of other persons, property, the environment and natural resources from hazards arising from mining operations, at such mine;

(e) (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 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.

2. Every manager, after consulting the health and safety committee at the mine, must determine all measures, as far as practical, including changing the organization of work and the design of safe systems of work, necessary to -

(a) eliminate any recorded risk;

(b) control the risk at source;

(c) minimize the risk; and

(d) in so far as the risk remains-


(i) provide for personal protective equipment; and 

(ii) institute a program to monitor the risk to which employees may be exposed.

3. Every manager must, as far as reasonable practicable, implement the measures determined necessary in terms of subsection (2) in the order in which the measures are listed in the paragraphs of that subsection. 

4. (1) Every manager must-

(a) periodically review the hazards identified and risks assessed, including the results of occupational hygiene measurements and medical surveillance, to determine whether further elimination, control and minimization of risk is possible; and

(b) consult with the health and safety committee on the review.


(c) perform such other duties as may be imposed upon the owner of a mine in terms of the Minerals Act or any other law.

(2) Without prejudice to the generality of sub-regulation (1), the mine manager shall -

(a) on assuming control, management and supervision of a mine, acquaint himself or herself with such notices or orders as may have been issued in terms of these regulations or any other law in connection with such mine;

(b) ensure that competent persons are employed or otherwise present at places in or at the mine where the safety of persons, the preservation of property and equipment, the environment or natural resources are involved for purposes of securing such safety or preservation;

(c) ensure that any outlets, travellingways, ladders and ladderways in use in or at the mine are made available, operated, tested, examined and maintained in accordance with the provisions of these regulations in order to ensure that such outlets, travellingways, ladders and ladderways are at all relevant times safe and without hazards to health and safety;

(d) ensure that protective equipment, clothing or devices are provided and used in accordance with the provisions of these regulations;

(e) ensure as far as technically possible that in the construction or creation of any place, including a dam, for purposes of the dumping or disposal of tailings, no danger or any damage to property can result therefrom, and that any such place or dam so constructed or created is free from any danger, including from danger to the environment and any property;

(f) investigate or cause to be investigated any representations or complaint made or lodged in connection with any matter relating to the health and safety of any person or persons employed or otherwise present in or at the mine;

(g) ensure, in the case of underground workings, that at the end of a shift any person on that shift is, unless otherwise authorized by or under the authority of the mine manager, brought to surface;

(h) furnish to the Chief Inspector such information, notices, returns or reports as may be prescribed in these regulations or as may be required by the Chief Inspector in the interests of the health and safety of persons employed or otherwise present in or at a mine, and the protection of other persons, property, the environment and natural resources from hazards arising from the mining operations at such mine;

(i) ensure that all articles and substances obtained for use are safe and without hazard to the health and safety of persons employed or otherwise present in or at a mine and are used with due regard to the relevant information or advice from the manufacturer or supplier;

(j) perform such other duties as may be imposed in terms of these regulations upon a mine manager or, unless it is in any particular case obviously inappropriate, the owner of a mine or as may be imposed in terms of these regulations in respect of a mine.




Delegation and exercise of powers -


4.3 (1) The mine manager may delegate any power conferred or imposed upon him or her by or under these regulations, or any other law, to any other competent person who is under his or her control.

(2) A delegation under sub-regulation (1) shall be in writing and may be subject to any conditions or restrictions determined by the mine manager.

(3) The person to whom such delegation under sub-regulation (1) is conferred shall accept such delegation in writing.

(4) A copy of the letter of delegation together with a copy of the acceptance shall be forwarded to the chief inspector within seven days from the date of such acceptance.

(5) The provisions of sub-regulation (1) shall not be taken to relieve the mine manager of his or her personal responsibility under these regulations.


Posting of notices


4.4 (1) The mine manager shall ensure that the following is posted on an appropriate notice board -

a) any abstract of these regulations;

(b) instructions issued by the chief inspector on any matter of health and safety or such extracts from any instructions; and

(c) a list of schemes formulated by the mine manager.

(2) The mine manager shall cause any abstract, instructions or particulars referred to in sub-regulation (1) to be promptly renewed as they become defaced, obliterated, destroyed or amended.





Entry upon mines by unauthorized persons


4.5 (1) No person other than an inspector or a person employed at a mine shall enter the mine unless he or she is authorized thereto by the mine manager concerned.

(2) The mine manager shall cause a notice indicating that no unauthorized person shall enter the mine to be posted at any entrances to the mine.





Election of workplace safety representatives and establishment of workplace safety committees.

4.6 (1) Any group of employees consisting of not less than 10 employees, whether or not they are members of a trade union, who are employed by an employer at any particular place shall have the right to elect form among their number one employee and, in the case of group of employees consisting of more than 100 employees, in respect of every additional 100 employees one additional employee to act as their workplace safety representative who shall have the rights and perform the duties referred to in this section.
An employer shall, on the request of workplace safety representative or, in the absence of workplace safety representative at least 10 employees in his or her employ establish a workplace safety committee consisting of-

(i) the workplace safety representatives referred to in paragraph (a) or, in the absence of any workplace safety representatives, such employee or employees as may be elected in accordance with the provisions of paragraph (a);

(ii) an equal number of persons nominated by the employer:

(iii) such other persons as may be determined by mutual agreement between the workplace safety representatives or employees, as the case may be, referred to in subparagraph (i) and the persons referred to in subparagraph (ii),

the function of which shall be to observe the application of the regulations made under section 101 and the rules made under section 103 of the Labour Act,1992 (Act 6 of 1992) in or at places where employees are employed by the employer and to advise the employer concerned on any matter which in its opinion is necessary to achieve at such place the objects of this Part and to perform such other functions as may be agreed upon between the employer concerned and the workplace safety committee.



(1) (a) The provisions of section 65 (2), (3), (5) and (6) and 66 (4) of the Labour Act, 1992 (Act 6 of 1992) shall apply in relation to the election of workplace safety representatives.


(b) Subject to the terms and conditions of any collective agreement, it shall be the duty of a workplace safety representative-



(i) to carry out inspection at places where employees represented by him or her are employed, to investigate potential hazards and dangerous occurrences at any such places or where persons other than employees have access and to examine the causes of accidents and disease at such places;


(ii) to investigate complaints by any such employees relating to such employees health, safety or welfare at work;

(iii) to make representations to the employer on any matter referred to in subparagraph (I) or (ii) or generally, on any other matter relating to the health, safety or welfare at work or employees represented by him or her;


(iv) to collect and receive information and make representations in relation to the health, safety and welfare at work of employees referred to in subsection (I);

(v) to make representations to and consult with any inspector in relation to any matter relation to his or her functions;

(vi) to perform such other duties as may be determined by mutual agreement between the workplace safety committee and the employer concerned or may be contained in a collective agreement.


(3) It shall be the duty of an employer -

(a) to provide a workplace safety representative with sufficient information on health, safety and welfare at work of employees relating to the place where employees are employed who are representatives, to enable him or her to examine any matter relating to his or her functions, and to encourage an workplace safety representative to improve or maintain conditions relating to the health, safety or welfare at work or such employees;

(b) to consult with a workplace safety representative in planning any alterations of work processes, work content or organization of work place which may affect the health safety or welfare at work of employees represented by such workplace safety representative;

(c) to allow workplace safety representatives to inspect-

- (i) at such reasonable times as may be agreed upon, any place where employees represented by him or her are employed;
- (ii) at such reasonable times as circumstances may allow, any place where an accident has occurred or a disease has be contracted;
- 

(d) to permit a workplace safety representative access to an inspector.

(e) The provisions of this subsection shall not be construed as requiring an employer to disclose information to any workplace safety representative which-

(i) it is not related to health, safety or welfare at work of employees represented by any such workplace safety representative;

(ii) he or she is by virtue of the provision of this Act or any other law not empowered to disclose;

(iii) relates to a particular employee or other person without the consent of such employee or person;

(iv) could, for reasons other than reasons affecting the health, safety or welfare at work of any employee, be detrimental to the business carried on by such employer;

(v) was obtained by the employer for purpose of instituting, opposing or defending any legal proceedings to which he or she is a party

(4) A workplace safety committee may make rules in relation to the holding of , and procedure at meetings of that committee including the election or designation of its chairperson.

(5) If, upon an application made to the Labour Court in accordance with the provisions of Part IV by an employee referred to in paragraph (a) of subsection (I), a workplace safety representative or a registered trade union of which employees referred to in that subsection are members, the Labour Court is satisfied that any employer referred to in subsection (2) has failed to comply with any provision of that subsection, the Labour Court may-

(a) issue an order in terms of which such employee is ordered, subject to such conditions, if any, as may be specified in such order, to comply with such provision to the extent set out in such order;

(b) make such other order as the Labour Court may deem necessary to ensure proper compliance with the provision of that subsection.



Representations of workplace safety committees or, in the absence of such committee, a workplace safety representative in relation to health and safety of persons at work in or at mines


4.7 (1) The mine manager shall, upon receipt of any representations from any workplace safety committee or, in the absence of such a committee, from any workplace safety representative in relation to health and safety of persons at work in or at the mine, cause such representations to be entered forthwith in a register which shall provide for such entries as may be necessary to show the nature and date of any action taken by the mine manager in consequence of such representations.

(2) If the mine manager and the workplace safety committee or in the absence of the committee, the workplace safety representative do not agree on any aspect of any representations referred to in sub-regulation (1), the mine manager shall, and the workplace safety committee or in the absence of the committee, the workplace safety representative concerned may, forthwith report the matter to the Chief Inspector.

(3) On receipt of a report from the mine manager, the Chief Inspector shall take such action to resolve the matter as he or she considers necessary or expedient.

(4) For purposes of the application of this regulation the reference in section 99 of the Labour Act, 1992 (Act 6 of 1992), to the regulations made under section 101 of that Act, shall be construed as including a reference to these regulations.




Duties of persons employed or otherwise present in or at mines


4.8 (1) It shall be the duty of any person employed or otherwise present in or at a mine to -

(a) take reasonable care for the health and safety of himself of herself and of other persons who may be affected by his or her acts or omissions at work.

(b) comply with instructions given by the owner of that mine or the mine manager for his or her own health and safety and those of others whether or not such person is employed by such owner or mine manager;

(c) use protective equipment, clothing or devices in accordance with these regulations and any such instructions as may be given to him or her;

(d) not work in any place other than his or her authorized workplace;

(e) carefully examine his or her workplace before commencing work, and also at intervals during the performance of his or her functions at such workplace;

(f) report any accident or injury which arises in the course of or in connection with work;

(g) not willfully or negligently damage or without proper authority use, remove or render useless or ineffective any machinery, building, fence, guard, structure, equipment or anything provided for the workings of the mine or for the health and safety of persons employed in or at a mine;

(h) not remain in the mine beyond the period during which he or she is in terms of his or her conditions of employment require to remain in such mine, unless he or she is duly authorized to do so;

(i) perform such other duties as may be imposed upon persons employed in or at a mine in terms of the Minerals Act 1992 (Act 33 of 1992) or any other law.

(2) Any person employed at a mine who observes any danger, whether to 
life or limb or to the mine, shall -

(a) take immediate steps to remove such danger;

(b) if the removal of such danger is not possible, immediately warn persons in danger and notify the nearest superior responsible person.

(3) No person employed in or at a mine shall obstruct or impede any other person so employed who is engaged in the performance of his or her duties.






Employees right to leave unsafe working places


4.9 An employee at work shall have the right to remove himself or herself form any place where he or she is employed when he or she has reasonable cause to believe that his or her safety or health will be endangered at such place, until such time as effective measures have been taken to ensure his or her safety or health, provided such employee shall forthwith report the reasons for his or her belief to his or her employer.



Employees not to pay for safety measures

4.10 No person may make any deduction from an employee's wages, or permit an employee to make any payment to any person, in respect of anything which the manager is obliged to provide or to do in terms of these regulations in the interest of health and safety of an employee.








General duties of designers, manufacturers, importers, suppliers or repairers of articles and substances for use at work in or at mines


4.11 (1) Any person who designs, manufactures, imports, supplies or repairs any article for use at work in or at mines shall -

(a) ensure, so far as is reasonably practicable, that the article is safe and without hazards to the health of the users and other persons in the vicinity, when properly used;

(b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of paragraph (a);

(c) take such steps as may be necessary to ensure that adequate information will be available to the customer at the time of supply or subsequently on request by the customer or others who may use it at work -

(i) in connection with the transport, storage and use of the article;

(ii) about the use for which it is designed and tested; and

(iii) about any conditions necessary to ensure that the article when put to such use, will be safe, and without hazards to the health of the users and other persons in the vicinity, and the mine manager shall ensure that any such article or substance complies with these requirements.

(2) Any person, who undertakes to design or manufacture any article for use at work in or at mines shall carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimization of any hazards to the health and safety of the persons employed or otherwise present in or at a mine to which the design or article may give rise.

(3) Any person who erects or installs any article for use at work in mines shall ensure, so far as is reasonably practicable, that nothing about the way in which it is erected or installed makes it unsafe or a hazard to health when properly used.

(4) Any person who manufactures or supplies any substance for use at work in or at mines shall -

(a) ensure, so far as is reasonably practicable, that the substance is safe and without hazards to health when properly used;

(b) carry out or arrange for the carrying out of such testing and examination as may be necessary for the effective implementation of the provisions of paragraph (a); and

(c) take such steps as are necessary to ensure that there will be available to the customer, at the time of supply and subsequently on request to others who may use it at work, adequate information about the substance and the results of any relevant tests which have been carried out, on or in connection with the substance and about any conditions necessary to ensure that it will be safe and without hazards to health when properly used.

(5) Any person who undertakes the manufacture of any substance for use in any workplace shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimization of any hazards to health and safety to which the substance may give rise.

(6) For the purposes of this regulation an article or substance is not to be regarded as properly used if it is used without regard to any relevant information or advice relating to its use which has been made available by the person who has designed, manufactured or supplied the article or substance.