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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations concerning the Certificate of Competency, 1990

5. Commission of Examiners

 

(1) The chief inspector shall after consultation with the Government Mining Engineer as defined in the Mines and Works Act, 1956 (Act No. 27 of 1956), and subject to the provisions of subregulation (4), appoint a Commission of Examiners.

 

(2)
(a) A member of the Commission of Examiners shall be appointed for the period laid down by the chief inspector on his appointment and a member whose term of office has expired may be reappointed.
(b) The chief inspector may discharge any member of the Commission of Examiners.

 

(3) The functions of the Commission of Examiners are -
(a) to evaluate a candidate's suitability for a certificate of competency as contemplated in regulation 2(4) ;
(b) to make recommendations to the chief inspector regarding the curricula referred to in subregulation (9) for the qualifying examinations;
(c) to report to the chief inspector on its activities; and
(d) to perform the other functions which are prescribed.

 

(4) The Commission of Examiners shall be constituted as follows:
(a) Two inspectors designated in terms of section 20 of the Act;
(b) two officers appointed in terms of section 3 of the Mining Rights Act, 1967 (Act No. 20 of 1967);
(c) at least two persons holding certificates of competency as mechanical engineers issued in terms of these regulations or the regulations issued under the Mines and Works Act, 1956; and
(d) at least two persons holding certificates of competency as electrical engineers issued in terms of these regulations or the regulations issued under the Mines and Works Act, 1956.

 

(5) A meeting of the Commission of Examiners shall be held at 8 time and place fixed by the chief inspector, after consultation with the Government Mining Engineer.

 

(6) A meeting of the Commission of Examiners shall take place under the chairmanship of one of the members of the Commission appointed for that purpose by the chief inspector after consultation with the Government Mining Engineer.

 

(7)
(a) A quorum of the Commission of Examiners consisting of the chairman and two members.
(b) In the event of a difference of opinion arising in respect of any matter regarding the acceptance or examination of a candidate, or regarding the suspension or cancellation of a certificate, it shall be decided by a majority of votes of the members of the Commission present at such meeting: Provided that if there is a tie of votes, the chairman has a casting as well as an ordinary vote.

 

(8) An officer of the Department, designated by the chief inspector shall serve as secretary to the Commission of Examiners and keep minutes of the proceedings of the Commission.

 

(9) Directives for the guidance of the Commission of Examiners, rules regarding the acceptance for the qualifying examinations and the curricula for such examinations shall be drawn up and, if necessary, amended by the chief inspector in consultation with the Government Mining Engineer.

 

(10)
(a) A candidate may appeal to the chief inspector against any decision of the Commission of Examiners.
(b) Any person who wishes to appeal to the chief inspector in terms of paragraph (a), shall lodge such appeal in writing with the chief inspector within 60 calendar days after the decision of the Commission of Examiners against which the appeal is being lodged.
(c) In an appeal in terms of paragraph (a) the grounds of appeal shall be set out clearly and in full, together with any representations which the appellant wishes to lodge as to why the chief inspector should set aside or amend the decision of the Commission of Examiners.
(d) The chief inspector shall confirm, set aside or amend the decision, or substitute for it such other decision as the Commission of Examiners, in the opinion of the chief inspector should have made.
(e) The decision of the chief inspector in such an appeal is final.