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

Regulations

Mine Health and Safety Regulations

Chapter 10 : Place of an Accident to be left Undisturbed

 

10.1 Place of an Accident to be Left Undisturbed

 

(1) When an accident causes the immediate death of any employee, the place where the accident occurred must not, without the consent of the Principal Inspector of Mines, be disturbed or altered before such place has been inspected by an Inspector or any other person authorised under section 49(4) by the Chief Inspector of Mines.

 

(2) Regulation 10.1(1) does not apply if:
(a) such disturbance or alteration is unavoidable to prevent further accidents, to remove fatalities and injured employees or to rescue employees from danger; or
(b) the discontinuance of work at such place would seriously impede the working of the mine.

 

(3) Despite regulation 10.1 (1), work may be resumed at the place where the accident occurred if such inspector or other person authorised by the Chief Inspector of Mines fails to inspect the place within three days after notice of the accident has been given.

 

10.2 Right to Attend Inspection in Loco

 

Any employee having a material interest in an accident referred to in paragraph 10.1(1) as well as that employee's representative may attend any inspection in loco conducted by an inspector but such attendance is at their own risk. In case such employee is, by reason of death or the severity of his/her injuries, unable to appoint any representative to attend the inspection in loco, the relatives, or in their absence the fellow employees, of such employee may appoint such representative.

 

[Chapter 10 inserted by Notice No. R. 134 dated 9 February 2001]