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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Mine Health and Safety Act, No. 29 of 1996

Long title

To provide for protection of the health and safety of employees and other persons at mines and, for that purpose to promote a culture of health and safety; to provide for the enforcement of health and safety measures; to provide for appropriate systems of employee, employer and State participation in health and safety matters; to establish representative tripartite institutions to review legislation, promote health and enhance properly targeted research; to provide for effective monitoring systems and inspections, investigations and inquiries to improve health and safety; to promote training and human resources development; to regulate employers' and employees' duties to identify hazards and eliminate, control and minimise the risk to health and safety; to entrench the right to refuse to work in dangerous conditions; and to give effect to the public international law obligations of the Republic relating to mining health and safety; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
ARRANGEMENT OF ACT
CHAPTER 1. OBJECTS OF ACT
1. Objects of Act
CHAPTER 2. HEALTH AND SAFETY AT MINES
2. Ownre to ensure safety
2A. Chief executive officer charged with certain functions [...inserted by Act 1997_072_002]
3. Manager must appoint employer [...amended by Act 1997_072_047(b)]
4. Owner may entrust functions to another person
5. Manager to maintain healthy and safe mine environment** 
6. Manager to ensure adequate supply of health and safety equipment 
7. Manager to staff mine with due regard to health and safety
8. Manager must establish health and safety policy
9. Codes of practice
10. Manager to provide health and safety training
11. Manager to assess and respond to risk
12. Manager to conduct occupational hygiene measurements 
13. Manager to establish system of medical surveillance
14. Record of hazardous work
15. Record of medical surveillance
16. Annual medical reports
17. Exit certificates
18. Costs of examination
19. Employees' right to information
20. Employee may dispute finding of unfitness to perform work
21. Manufacturer's and supplier's duty for health and safety
22. Employees' duties for health and safety
23. Employees' right to leave dangerous working place
24. Employees not to pay for safety measures

CHAPTER 3. HEALTH AND SAFETY REPRESENTATIVES AND COMMITTEES
25. Health and safety representatives and committees
26. Negotiations and consultations before appointment of representatives
27. Designation of working places
28. Qualifications of representatives
29. Election and appointment of representatives
30. Rights and powers of representatives
31. Duty to compensate and assist representatives
32. Duty to inform representatives
33. Negotiation and consultation on establishment of committees
34. Establishment of health and safety committees
35. Committee procedures
36. Rights and powers of health and safety committee
37. Duty to support committee
38. Disclosure of information
39. Disputes concerning disclosure of information
40. Disputes concerning this Chapter

CHAPTER 4. TRIPARTITE INSTITUTIONS
41. Establishment of tripartite institutions
42. Mine Health and Safety Council
43. Council's duties
44. [...repealed by Act 2008_074_012 - was entitled "Duties of permanent committees"]
45. Mining Qualifications Authority
46. Mining Qualifications Authority's functions

CHAPTER 5. INSPECTORATE OF MINE HEALTH AND SAFETY
47. Inspectorate established
48. Chief Inspector
49. Chief Inspector of Mines's functions [...amended by Act 1997_072_047(a)]
49A. Financial and judicial management of Mine Health and Safety Inspectorate [...inserted by Act 2008_074_015]
49B. Co-operative governance [...inserted by Act 2008_074_015]
50. Inspectors' powers
51. Inspector may be accompanied
52. Duty to assist inspector and answer questions
53. Duty to produce documents required by inspector
54. Inspector's power to deal with dangerous conditions
55. Inspectors' power to order compliance
55A. Inspectors' power to recommend fine [...inserted by Act 1997_072_025]
55B. Principal Inspector of Mines may impose fines [...was entitled "Principal Inspector of Mines may give further instructions"] [...inserted by Act 1997_072_025]
55C. [...repealed by Act 2008_074_020 - was entitled "Principal Inspector of Mines may refer matter to attorney-general"] [...inserted by Act 1997_072_025]
55D. [...repealed by Act 2008_074_020 - was entitled "Principal Inspector of Mines may impose fine"] [...inserted by Act 1997_072_025]
55E. [...repealed by Act 2008_074_020 - was entitled "Determination of employer's liability"] [...inserted by Act 1997_072_025]
55F. [...repealed by Act 2008_074_020 - was entitled "Employer must pay fine"] [...inserted by Act 1997_072_025]
55G. [...repealed by Act 2008_074_020 - was entitled "Chief Inspector of Mines must issue guidelines"] [...inserted by Act 1997_072_025]
55H. [...repealed by Act 2008_074_020 - was entitled "Use of Fines"] [...inserted by Act 1997_072_025]
56. Instructions to be posted at mine
57. Right to appeal inspectors' decisions
57A. [...repealed by Act 2008_074_022 - was entitled "Right of appeal against Principal Inspector of Mines' decision"] [...inserted by Act 1997_072_028]
58. Right to appeal Chief Inspector of Mines's decision [...amended by Act 1997_072_047(a)]
59. Appeal does not suspend decision
60. Initiating investigations
61. Chief Inspector of Mines may designate assistant in investigation [...amended by Act 1997_072_047(a)]
62. Duty to answer questions during investigation
63. Enhancing effectiveness of investigation
64. Reports on investigations
65. Initiating inquiries
66. Investigation may be converted into inquiry
67. Chief Inspector of Mines may designate assistant in inquiry [...amended by Act 1997_072_047(a)]
68. Inquiry to be public
69. Right to participate in inquiry
70. Powers of person presiding at inquiry
71. Duty of persons summoned or instructed
72. Inquiry records and reports
73. Chief Inspector of Mines may order further inquiry [...amended by Act 1997_072_047(a)]
74. Inquiry and inquest may be conducted jointly

CHAPTER 6. MINISTER'S POWERS
75. Minister may prohibit or restrict work
76. Minister may declare health hazards
77. Application of Minister's notice
78. Exemption from Minister's notice
79. Exemption from all or part of this Act
80. Minister may apply other laws to mine
81. Minister to table annual report

CHAPTER 7. LEGAL PROCEEDINGS AND OFFENCES
82. Jurisdiction of Labour Court
83. No discrimination against employees who exercise rights
84. Safety equipment not to be interfered with
85. Juvenile employment underground prohibited
86. Negligent act or omission
86A. Criminal liability [...inserted by Act 2008_074_026]
87. Breach of confidence
88. Hindering administration of this Act
89. Falsifying documents
90. Failure to attend when summoned
91. Failure to comply with this Act
92. Penalties
93. Magistrate's court has jurisdiction to impose penalties
94. Serving of documents
95. Proof of facts

CHAPTER 8. GENERAL PROVISIONS
96. Delegation and exercise of power
97. Minister's power to add and change Schedules
98. Regulations
99. Amendment of laws
100. Transitional arrangements
101. Interpretation
102. Definitions
103. Occupational Health and Safety Act, 1993, not applicable
104. Civil liability of State
105. Act binds State
106. Short title and commencement
Sch. 1 SCHEDULE 1. GUIDELINES FOR DETERMINING THE NUMBER OF FULL-TIME HEALTH AND SAFETY REPRESENTATIVES [s26]
Sch. 2 SCHEDULE 2. NOMINATION AND APPOINTMENT OF MEMBERS TO TRIPARTITE INSTITUTIONS [s98]
Sch. 3 SCHEDULE 3. AMENDMENT OF LAWS [s99]

A: MINERALS ACT, 1991

B: REFERENCE TO GOVERNMENT MINING ENGINEER IN CERTAIN ACTS
Sch. 4 SCHEDULE 4. TRANSITIONAL PROVISIONS [s100]
Sch. 5 ...
Sch. 6 ...
Sch. 7 ...
Sch. 8 SCHEDULE 8. [No title] [s100]

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As unamended Act 1996_029_000_19960614 EXT.LINK REQ.INFO LINK
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As amended by Act 2002_028_000_20021010 N/A REQ.INFO LINK
As amended by Act 2003_031_000_20031114 N/A REQ.INFO LINK
As amended by Act 2008_074_000_20090417 N/A REQ.INFO LINK

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