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

Chapter 2 : Health and Safety at Mines

2. Employer to ensure safety

 

(1) The employer of every mine that is being worked must—
(a) ensure, as far as reasonably practicable, that the mine 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 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 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 terms of this Act and the annual medical report referred to in section 16; and
(d) if the employer is a body corporate, and employs more than 50 employees, publish and distribute the report referred to in paragraph (c), in an appropriate form, to the body corporate's shareholders or members.

 

(2) The employer of a mine that is not being worked, but in respect of which a closure certificate in terms of the Minerals and Petroleum Resources and Development 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.

[Section 2(2) substituted by section 1 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]