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Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Notices

Guidance Note on Medico-Legal Investigations of Mine Deaths

Part A : The Guidance Note

7. Background Information

 

The mining industry experiences various challenges with regards to the handling of investigations of deaths.

 

These are (amongst others):

(a) Uncertainties regarding the roles and responsibilities of stakeholders, mentioned in item 9 below, in an event of death.
(b) A significant proportion of deaths in the mining industry is complex and requires specialists' skills when performing medico-legal post mortem examinations.
(c) Sudden deaths have been reported, where there is no associated accident or occurrence.
(d) The manner in which the post-mortem process is handled by:
the employers; and
the State's Forensic Pathology Service (FPS).
(e) Timeous processing and submission of a post mortem examination report to facilitate the conclusion of the MHSI investigations in terms of section 11(5) and 60(1) of the MHSA.

 

It is important that all stakeholders co-operate in the collection of any relevant information or evidence to ensure that all aspects relevant to a death within the mining industry are considered during an investigation.