Protection of Businesses Act, 1978
R 385
Mine Health and Safety Act, 1996 (Act No. 29 of 1996)Chapter 3 : Health and Safety Representatives and Committees38. Disclosure of information |
| (1) | Whenever an employer, inspector or a person who conducts an inquiry in terms of section 65, is required by the provisions of this Chapter to supply information or reports to a health and safety representative or to the health and safety committee, that employer, inspector or person— |
| (a) | must not disclose any information that is private personal information relating to an employee, unless the employee consents in writing to the disclosure of that information; and |
| (b) | is not required td supply any information— |
| (i) | that is legally privileged; |
| (ii) | that the employer, inspector or person could not disclose without contravening a prohibition imposed upon the employer by any law or court order; or |
| (iii) | that is confidential and, if disclosed, may cause substantial harm to an employee or the employer. |
| (2) | No employee may unreasonably withhold the consent required in terms of subsection (1)(a). |
[Section 65 requires the Chief Inspector of Mines to direct an inspector to conduct an inquiry into the death of any person and into any health and safety contraventions.]
[Improper disclosure of confidential information is an offence. See section 87.]
