Mine Health and Safety Act 1996, No 29 of 1996

The Mine Health and Safety Act was passed in 1996. The stated purpose of this legislation is to:

• Promote a culture of health and safety;
• Provide for the enforcement of health and safety measures;
• Provide for appropriate systems of employee, employer and State participation in health and safety matters;
• Establish representative tripartite institutions to review legislation, promote health and enhance properly targeted research;
• Provide for effective monitoring systems and inspections, investigations and inquiries to improve health and safety;
• Promote training and human resources development;
• Regulate employers' and employees' duties to identify hazards and eliminate, control and minimise the risk to health and safety;
• Entrench the right to refuse to work in dangerous conditions;
• Give effect to the public international law obligations of the Republic relating to mining health and safety; and
• Provide for matters connected therewith.

See also: The Mine Health and Safety Amendment Act, 1997 [PDF]

The Act introduced the concepts of risk assessment, occupational health and safety management to the mining industry and this, in turn, increased inconsistencies in interpreting the inspectorate's enforcement responsibilities, within and between the various regional offices. The MHS Inspectorate has developed guidelines which will assist it in achieving a clear and consistent approach to the enforcement of the Mine Health and Safety Act. Read the guideline document here [PDF, 117KB].