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

Chapter 5 : Inspectorate of Mine Health and Safety

55A. Inspector's Powers to Recommend Fine

 

(1) An inspector may make a recommendation in writing to the Principal Inspector of Mines that a fine be imposed on an employer who has failed to comply with any provision contemplated in section 91(1B).

[Section 55A(1) substituted by section 18(a) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]

 

(2) [Section 55A(2) deleted by section 18(b) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]

 

(3) The inspector concerned must serve a copy of the recommendation on—

[Words preceding section 55A(3) substituted by section 18(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]

(a) the employer;
(b) the health and safety committee, or if there is no health and safety committee, to any health and safety representative responsible for the working place in question; and
(c) the representative trade union, or if there is no representative trade union, to every registered trade union with members at the mine.

 

(4) The employer may make written representations to the Principal Inspector of Mines within 30 days of the recommendation.

[Section 55A(4) substituted by section 18(d) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]

 

(5) A representation made in terms of this section may not be used against the employer in any criminal or civil proceedings in respect of the same set of facts.

[Section 55A(5) substituted by section 18(d) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]

 

 


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