Moeijelijk Mine

Applicable Act: Constitution of the Republic of South Africa, ACT 108 OF 1996

Specific Reference: Constitution, section 24

The Constitution provides everyone with a right to an environment that is not harmful to his or her health and well-being and requires government to pass legislation and use other measures to protect the environment, to prevent pollution and ecological degradation, promote conservation and secure ecologically sustainable development.

The State is compelled to make legislation and use other measures to protect the environment, to prevent pollution and ecological degradation, promote conservation and secure sustainable development. In recent years a number of environmental Acts have been legislated to fulfil this duty. "

Applicable Act: Constitution of the Republic of South Africa, ACT 108 OF 1996

Specific Reference: Constitution, section 33

Administrative action must be lawful, reasonable and procedurally fair and written reasons must be provided for administrative decisions. The state is also required to enact national legislation that will give effect to these rights.

Applicable Act: Promotion of Administrative Justice Act 3 of 2000

Specific Reference: PAJA

The PAJA has been enacted to give effect to the right to just administrative action. This is an important right from the perspective of environmental law since the effectiveness of environmental law depends largely on administrative action which is lawful, reasonable and procedurally fair.

Applicable Act: Constitution of the Republic of South Africa, ACT 108 OF 1996

Specific Reference: Constitution, section 32

Everyone has a right of access to information held by the State and to use such information in the protection of his or her rights, including their environmental right. The PAIA was enacted to give effect to this Constitutional right.

Useful Links: Click here for applicable case law

Applicable Act: Promotion of Access to Information Act 2 of 2000

Specific Reference: PAIA, Chapter 4

Everyone has a right of access to information held by the State and to use such information in the protection of his or her rights, including their environmental right. The PAIA was enacted to give effect to this Constitutional right. Any individual or organisation may request information from any company with the purpose of protecting their rights to an environment which is not detrimental to their health or well-being, providing that the information request is conducted in accordance with the requirements set out in PAIA and is not excluded in terms of the grounds of refusal listed in Chapter 4 of PAIA. Such information may include any reports, audits, assessments etc. relevant to a company's environmental management performance, including data relevant to any emissions to water, air or soil.

Useful Links: Click here for the South African Human Rights Commission's Guide on how to use PAIA.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 30

Any information or data submitted in terms of section 21, 28 or 29 may be disclosed to any person -

(a) in order to achieve any object referred to in section 2(c), (d) or (e);

(b) in order to give effect to the right of access to information contemplated in section 32 of the Constitution;

(c) if such information or data is already publicly available; or

(d) if the relevant right, permit or permission has lapsed or been cancelled, or the area to which such right or permission relates has been abandoned or relinquished.

No information or data may, despite the above, be disclosed to any person if it contains information or data supplied in confidence by the supplier of the information or data.

Applicable Act: National Environmental Management: Waste Act 59 of 2008

Specific Reference: NEMWA, section 16(b)

There is a general duty of care of holders of waste to reduce, re-use, recycle and recover its waste.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA Chapter 3, section 38

(1) Whenever an employer, inspector or a person who conducts an inquiry in terms of section 65, is required by the provisions of this Chapter to supply information or reports to a health and safety representative or to the health and safety committee, that employer, inspector or person -

(a) must not disclose any information that is private personal information relating to an employee, unless the employee consents in writing to the disclosure of that information; and

(b) is not required to supply any information -

(i) that is legally privileged;

(ii) that the employer, inspector or person could not disclose without contravening a prohibition imposed upon the employer by any law or court order; or

(iii) that is confidential and, if disclosed, may cause substantial harm to an employee or the employer.

(2) No employee may unreasonably withhold the consent required in terms of subsection (1) (a).

Applicable Act: Constitution of the Republic of South Africa, ACT 108 OF 1996

Specific Reference: Constitution, section 34

Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.

Applicable Act: Constitution of the Republic of South Africa, ACT 108 OF 1996

Specific Reference: Constitution, section 7(3) and 36

Not all rights in the Constitution are absolute. The rights contained in the Bill of Rights will have to be balanced against one another in particular circumstances. The limitation of fundamental rights is provided for in section 36 of the Constitution. Property owner’s rights can be limited to give effect to section 24, but it will have to be done through reasonable measures which also promote justifiable economic and social development. Environmental rights on the other hand can also be limited on the basis that it is reasonable and justifiable. For example setting a factory in an ecologically sensitive area which would create large scale employment where it would not be feasible to locate it elsewhere, may be permissible.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulation 68

The provisions of the National Water Act, 1998 (Act No. 36 of 1998) shall apply to the water management and pollution control at all proposed or existing prospecting or mining operations. An assessment of impacts relating to water management and pollution control at proposed prospecting or mining operations, where appropriate, must form part of the environmental impact assessment report and environmental management programme or environmental management plan, as the case may be.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulation 63

In accordance with applicable legislative requirements for pollution control and waste management, a holder of a mining right, prospecting right or mining permit in terms of the Act must -

(a) avoid the generation and production of pollution, waste and mine residue at source; or

(b) where the generation and production of pollution, waste and mine residue cannot altogether be avoided, it must be minimized, re-used or recycled; or

(c) where possible, dispose pollution, waste and mine residue in a responsible and sustainable manner.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 37

The principles set out in section 2 of the National Environmental Management Act, 1998 (Act No 107 of 1998) -

(a) apply to all prospecting and mining operations, as the case may be, and any matter or activity relating to such operation; and

(b) serve as guidelines for the interpretation, administration and implementation of the environmental requirements of this Act.

(2) Any prospecting or mining operation must be conducted in accordance with generally accepted principles of sustainable development by integrating social, economic and environmental factors into the planning and implementation of prospecting and mining projects in order to ensure that exploitation of mineral resources serves present and future generations.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 2(4)(A)

The general principles for sustainable development require the consideration of all relevant factors, including the need to avoid activities which may cause the disturbance of ecosystems, loss of biological diversity, pollution and degradation of the environment and the disturbance of cultural heritage sites. The use and exploitation of non-renewable natural resources must be conducted responsibly taking into account the consequences of the depletion of the resource and the use of renewable resources must not exceed the level beyond which their integrity is jeopardised. Where these negative environmental impacts cannot be altogether prevented, they must be minimised and/or remedied. Sustainable development permeates all environmental laws. The concept of sustainable development, which is provided for in the environmental right, requires a weighing up of the economic, social and environmental advantages and disadvantages of a particular activity.

Useful links: Click here for a discussion on a case related to the consideration of socio-economic factors in environmental management

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, Section 2(4)(a)(vii)

NEMA states that a risk-averse and cautious approach is applied, which takes into account the limits of current knowledge about the consequences of decisions and actions (i.e. environmental impact assessments)

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 2(4)(p)

The costs of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health effects must be paid for by those responsible for harming the environment.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, Section 2 (4)

Responsibility for the environmental health and safety consequences of a policy, programme, project, product, process, service or activity exists throughout its life cycle.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 23

(1) The employee has the right to leave any working place whenever -

(a) circumstances arise at that working place which, with reasonable justification, appear to that employee to pose a serious danger to the health or safety of that employee; or

(b) the health and safety representative responsible for that working place directs that employee to leave that working place.

(2) Every employer, after consulting the health and safety committee at the mine, must determine effective procedures for the general exercise of the rights granted by subsection (1), and those procedures must provide for -

(a) notification of supervisors and health and safety representatives of dangers which have been perceived and responded to in terms of subsection (1);

(b) participation by representatives of employer and representatives of the employees in endeavouring to resolve any issue that may arise from the exercise of the right referred to in subsection (1);

(c) participation, where necessary, by an inspector or technical adviser to assist in resolving any issue that may arise from the exercise of the right referred to in subsection (1);

(d) where appropriate, the assignment to suitable alternative work of any employee who left, or refuses to work in, a working place contemplated in subsection (1); and [Para. (d) substituted by s. 12 of Act 72/97]

(e) notification to any employee who has to perform work or is requested to perform work in a working place contemplated in subsection (1) of the fact that another employee has refused to work there and of the reason for that refusal.

(3) If there is no health and safety committee at a mine, the consultation required in subsection (2) must be held with -

(a) the health and safety representatives; or

(b) if there is no health and safety representative at the mine, with the employees.

(4) The Minister, by notice in the Gazette, must determine minimum requirements for the procedures contemplated in subsection (2)."

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 19

(1) An employee may request, and the employer must then provide, a copy of the record or of any part of it that -

(a) is being kept in terms of sections 12 (3) and 13 (3) (c); and

(b) relates to that employee.

(2) The occupational medical practitioner conducting an examination in terms of section 17 must provide the employee with a copy of the exit certificate prepared as a result of that examination."

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 11.1

An appeal under section 20

(1) must be lodged with the Medical Inspector -

(a) within 30 days of a decision or finding that an employee is unfit to perform any particular category of work;

(b) within 90 days of the date of issue of an exit medical certificate; or

(c) within such period as the Medical Inspector may allow on good cause shown. [Reg. 11.1 inserted by GN R721/99]

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 20

(1) An employee may appeal to the Medical Inspector against -

(a) a decision that the employee is unfit to perform any particular category of work; or

(b) any finding of an occupational medical practitioner contained in an exit certificate prepared in terms of section 17.

(2) An appeal under subsection (1) must -

(a) be lodged with the Medical Inspector within 30 days of the relevant decision or finding, or such further period as may be prescribed; and [Para. (a) substituted by s. 11 of Act 72/97]

(b) state the grounds of the appeal.

(3) When the Medical Inspector receives an appeal under subsection (1), the Medical Inspector must choose a medical practitioner who is not employed by the employer of the employee, and arrange for that employee to be re-examined by that medical practitioner, at the cost of the Chief Inspector of Mines.

(4) The medical practitioner referred to in subsection (3) must report to the Medical Inspector, who must then consider the appeal and -

(a) confirm, set aside or vary the decision or finding of the occupational medical practitioner; or

(b) substitute any other decision or finding for that decision or finding.

(5) Nothing in this section precludes an employee from -

(a) obtaining and paying for a medical opinion from any other medical practitioner; or

(b) pursuing any other legal remedy.

(6) For the purposes of this section, “employee” includes any applicant for employment who has previously been employed at a mine.

(7) An employee lodging an appeal under subsection (1) may not be dismissed on any grounds relating to unfitness to perform work, pending the outcome of the appeal. [Subs. (7) added by s. 7 of Act 74/2008]"

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 24

No person may make any deduction from an employee’s wages, or permit an employee to make any payment to any person, in respect of anything which the employer is obliged to provide or to do in terms of this Act in the interest of the health and safety of an employee.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 25

(3) A health and safety representative or a member of a health and safety committee does not incur any civil liability only because of doing or failing to do something which a health and safety representative or a member of a health and safety committee may do or is required to do in terms of this Act.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 57

(1) Any person adversely affected by a decision of an inspector, except a decision contemplated in section 55B, may appeal against that decision to the Chief Inspector of Mines.

(2) An appeal under subsection (1) must -

(a) be lodged with the Chief Inspector of Mines within 30 days of the decision, or such further period as may be prescribed;

(b) set out the grounds of appeal.

(3) After considering the grounds of the appeal and the inspector’s reasons for the decision, the Chief Inspector of Mines must as soon as practicable -

(a) confirm, set aside or vary the decision; or

(b) substitute any other decision for the decision of the inspector.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 58

(1) Any person adversely affected by a decision of the Chief Inspector of Mines, either in terms of section 57 (3) or in the exercise of any power under this Act, may appeal against the decision to the Labour Court.

(2) An appeal under subsection (1), must be lodged with the registrar of the Labour Court in accordance with the rules of the Labour Court, within 60 days of the date that the Chief Inspector of Mines’ decision was given.

(3) The Labour Court must consider the appeal and confirm, set aside or vary the decision

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 62

Persons questioned during an investigation must answer every question to the best of their ability, but no person is required to answer any question if the answer may be self-incriminating

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 83

(1) No person may discriminate against any employee for -

(a) exercising a right in terms of this Act or in terms of a collective agreement contemplated in this Act;

(b) doing anything that the employee is entitled to do in terms of this Act or in terms of a collective agreement contemplated in this Act;

(c) refusing to do anything that the employee is entitled to refuse to do in terms of this Act or in terms of a collective agreement contemplated in this Act;

(d) refusing to do anything that the employee is prohibited from doing in terms of this Act or in terms of a collective agreement contemplated in this Act; and

(e) standing for election, or performing any function, as a health and safety representative or a member of a health and safety committee.

(2) For the purposes of this section -

(a) “discriminate” means to dismiss an employee or to engage in any other conduct which has the effect of prejudicing or disadvantaging the employee, or which prejudices or disadvantages the employee relative to other employees; and

(b) “employee” includes any applicant for employment who has previously been employed at a mine.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, Section 29

NEMA provides that an employee may not be held civilly or criminally liable or be dismissed or disciplined, prejudiced or harassed on account of refusing to perform any work if the person in good faith and reasonably believed at the time of the refusal that the performance of the work would result in an imminent and serious threat to the environment.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 28

In order to prevent pollution, the employer has a duty to inform its employees the environmental risks involved in the operation.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 28

Access to environmental legislation must also be provided to employees and kept updated.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 31(4)

NEMA provides for the protection of whistle-blowers, which includes employees. No person is civilly or criminally liable or may be dismissed, disciplined, prejudiced or harassed on account of having disclosed any information, if the person in good faith reasonably believed at the time of the disclosure that he or she was disclosing evidence of an environmental risk.

Applicable Act: Protected Disclosures Act 26 of 2000

Specific Reference: PDA, section 3

The PDA provides for mechanisms or procedures, in terms of which employees may, without fear of reprisal, disclose information relating to unlawful or irregular conduct by their employers or other employees in the employ of their employers – including environmental crimes or irregularities. No employee may be subjected to any occupational detriment by his or her employer on account, or partly on account, of having made a protected disclosure.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 34(7)

NEMA holds the directors of a company jointly and severally liable for any negative impact on the environment, whether advertently or inadvertently caused by the company or close corporation which they represent, including damage, degradation or pollution. Recent case law below demonstrates that the state are enforcing environmental legislation against non-compliant companies and that the “polluter pays principle” is not only a principle to be enforced against the polluting company, but that the directors of such companies are also being held liable for environmental damaged caused.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 24R

Every holder, holder of an old order right and owner of works remain responsible for any environmental liability, pollution or ecological degradation, the pumping and treatment of polluted or extraneous water, the management and sustainable closure thereof notwithstanding the issuing of a closure certificate by the Minister responsible for mineral resources in terms of the Mineral and Petroleum Resources Development Act, 2002, to the holder or owner concerned.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulation 58

An application to transfer environmental liabilities to a competent person must be completed in the form of Form O contained in Annexure II and must be lodged with the Minister for consideration. The Minister may transfer liabilities and responsibilities as identified in the environmental management plan or the environmental management programme and the required closure plan to a competent person contemplated in regulation 59.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA Reg. 5

(1) The employer must ensure that a competent person reports to the employer, at appropriate intervals determined in accordance with the mine’s risk assessment, on -

(a) the effectiveness of the precautionary measures taken to prevent or suppress explosions of coal dust or flammable gas; and

(b) the adequacy of measures in place to prevent, detect and combat the start and spread of mine fires.

(2) Where at any area at a mine, a fire could pose a significant risk to the health and safety of persons, the employer must take reasonable measures to ensure that flammable liquids, gases and materials in use, are transported, stored, deposited, used and disposed of in such a way as to prevent the starting or spreading of a fire. [Subreg. (2) added by GN R1237/2003]

(3) The employer at any mine at which a fire occurs must, as soon as practicable, notify the employer of any other mine at which the spread of such fire could constitute a hazard should such fire not be immediately extinguishable, of the existence of that fire [Subreg. (3) added by GN R1237/2003]

(5) The employer, at any mine where the risk assessment indicates a risk of the presence of flammable gas, must ensure that all flammable gas measuring instruments and flammable gas warning devices used at the mine for the detection of methane or hydrogen or a mixture of both, comply with the South African National Standard Specification SANS 1515- 1: 2006, Edition 2.1 “Gas measuring equipment primarily for use in mines: Part 1: Battery operated portable, flammable gas measuring instruments and warning devices”. [Subreg. (5) added by GN R92/2008] (6) Annex A: “Assessment of Compliance with this part of the Specification” contained in South African National Standard Specification SANS 1515-1: 2006, Edition 2.1 shall, for the purpose of regulation 5.1(5), be deemed to be normative. [Subreg. (6) added by GN R92/2008] Reference is made to the following Guidelines issued by the Chief Inspector of Mines in terms of section 9(2) of this Act (i) Guideline for the Compilation of a Mandatory Code of Practice for the Prevention of Coal Dust and Flammable Gas Explosions: Ref.: DME 16/3/2/1-Al (ii) Guideline for the Compilation of a Mandatory Code of Practice for the Prevention of Flammable Gas Explosions in Mines Other than Coal DME 16/3/2/1-A2 [Chapter 5 inserted by GN R904/2002]

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA Reg. 9.2

(3) Report to Employer The competent person engaged by the employer in terms of section 12(1) must, as part of the compliance with section 12(2)(b), report to the employer on -

(a) the occupational hygiene risk assessment, with specific reference to planning, design, implementation and management of occupational hygiene at the mine;

(b) the occupational hygiene hazards that may cause illness or adverse health effects to persons, assess the results in terms of the implementation of control systems and the management thereof, and recommend remedial actions to the employer.

Applicable Act: NA

Specific Reference: Environmental licences and permits conditions

Environmental licences, permits and authorisations, for example NEMA environmental authorisations, waste management licences and water use licences, usually include conditions that require reporting to the authorities. These conditions may include audit reports that must be submitted annually, monitoring data and the

reporting of incidents. The holders of an environmental authorisation must familiarise themselves with the conditions and ensure that the required reporting is done when required.

Applicable Act: National Waste Information Regulations

Specific Reference: NEMWA: GN R625, regulation 8

A person that conducts an activity listed in Annexure 1 of the regulations must submit the following information quarterly to the South African Waste Information Centre:

• The month and year to which the information applies;

• Categories of waste as detailed in Annexures 3 and 4 of the regulations;

• Source from which waste comes; and

• The quantity of waste reported in tons.

Useful Links: Click here to be directed to the South African Waste Information Centre's website where information can be accessed pertaining to waste management in South Africa.

Applicable Act: National Atmospheric Emission Reporting Regulations, 2015

Specific Reference: NEMAQA: GNR 283

Companies identified as emission sources and data providers in terms of these regulations must annually on 31 March submit an emissions report to the National Atmospheric Emission Inventory System (NAEIS) . Records of data submitted must be kept for a period of 5 years. Emission sources and data providers are listed in Annexure 1.

Useful Links: Click here to be directed to the South African Air Emission Licensing and Inventory Portal.

Applicable Acts: Amendments to the Environmental Impact Assessment Regulations: GN 326 of 7 April 2017

Specific Reference: NEMA: GN 982 (as amended) regulation 34 "The holder of an environmental authorisation must, for the period during which the environmental authorisation and EMPr, and where applicable the closure plan, remain valid-

(a) ensure that the compliance with the conditions of the environmental authorisation and the EMPr, and where applicable the closure plan, is audited; and

(b) submit an environmental audit report to the relevant competent authority.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 5A

No person may prospect for or remove, mine, conduct technical co-operation operations, reconnaissance operations, explore for and produce any mineral or petroleum or commence with any work incidental thereto on any area without-

(a) an environmental authorisation;

(b) a reconnaissance permission, prospecting right, permission to remove, mining right, mining permit, retention permit, technical co-operation permit, reconnaissance permit, exploration right or production right, as the case may be; and

(c) giving the landowner or lawful occupier of the land in question at least 21 days written notice.

Applicable Act: National Environmental Management: Waste Act 59 of 2008

Specific Reference: NEMWA, section 36(5)

Landowners have a positive notification duty to notify the DEA if there are any areas on its property that are significantly contaminated.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 28

A directive can be issued by the competent authority if the person responsible for the pollution failed to take the required reasonable measures. Section 28(4) requires that the directive must include the measures that must be taken and the required timeframes. The competent authority can take reasonable measures to remediate pollution if the responsible person fails to comply with a directive. The costs of remediation can be recovered from a range of parties stipulated in section 28 (8).

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, section 19

Directives are also provided for in section 19 of the NWA. The catchment management agency may issue a directive in circumstances where no measures or inadequate measures are being taken to prevent or remediate pollution of a water resource to take specified measures within a specified time.

Useful Links: Click here for a case pertaining to the issuance of a directive in terms of section 19 of the NWA and the duty to take anti-pollution measures

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, sections 31A-31Q

These sections deal with the duties of environmental management inspectors delegated by the Ministers to apply and enforce environmental legislation. These inspectors can also issue directives, amongst others.

Applicable Act: Regulations Relating to Qualification Criteria, Training and Identification of, and forms to be used by Environmental Management Inspectors and Environmental Mineral Resource Inspectors

Specific Reference: NEMA: GN 480

These regulations deal with the qualification criteria, training and identification of, and forms to be used by Environmental Management Inspectors and Environmental Mineral Resource Inspectors.

Applicable Act: National Environmental Management: Air Quality Act 39 of 2004

Specific Reference: NEMAQA, section 33

If it is determined that a mine, having regard to its known ore reserves, is likely to cease mining operations within a period of five years, the owner of that mine must promptly notify the Minister in writing -

(a) of the likely cessation of those mining operations; and

(b) of any plans that are in place or in contemplation for-

(i) the rehabilitation of the area where the mining operations were conducted after mining operations have stopped; and

(ii) the prevention of pollution of the atmosphere by dust after those operations have stopped.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 2

(1) The employer of every mine that is being worked must -

(a) ensure, as far as reasonably practicable, that the mine is designed, constructed and equipped -

(i) to provide conditions for safe operation and a healthy working environment; and

(ii) with a communication system and with electrical, mechanical and other equipment as necessary to achieve those conditions;

(b) ensure, as far as reasonably practicable, that the mine is commissioned, operated, maintained and decommissioned in such a way that employees can perform their work without endangering the health and safety of themselves or of any other person;

(c) compile an annual report on health and safety at the mine including the statistics on health and safety that must be kept in terms of this Act and the annual medical report referred to in section 16; and

(d) if the employer is a body corporate, and employs more than 50 employees, publish and distribute the report referred to in paragraph (c), in an appropriate form, to the body corporate’s shareholders or members.

(2) The employer of a mine that is not being worked, but in respect of which a closure certificate in terms of the Minerals and Petroleum Resources and Development Act has not been issued, must take reasonable steps to continuously prevent injuries, ill-health, loss of life or damage of any kind from occurring at or because of the mine.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 10

(1) As far as reasonably practicable, every employer must -

(a) provide employees with any information, instruction, training or supervision that is necessary to enable them to perform their work safely and without risk to health; and

(b) ensure that every employee becomes familiar with work-related hazards and risks and the measures that must be taken to eliminate, control and minimise those hazards and risks.

(2) As far as reasonably practicable, every employer must ensure that every employee is properly trained -

(a) to deal with every risk to the employee’s health or safety that -

(i) is associated with any work that the employee has to perform; and

(ii) has been recorded in terms of section 11;

(b) in the measures necessary to eliminate, control and minimise those risks to health or safety;

(c) in the procedures to be followed to perform that employee’s work; and

(d) in relevant emergency procedures.

(3) In respect of every employee, the provisions of subsection (2) must be complied with -

(a) before that employee first starts work;

(b) at intervals determined by the employer after consulting the health and safety committee;

(c) before significant changes are introduced to procedures, mining and ventilation layouts, mining methods, plant or equipment and material; and

(d) before significant changes are made to the nature of that employee’s occupation or work.

(4) The employer must keep a record of all formal training provided in respect of each employee in terms of subsection (2).

(5) All mines must submit a workplace skills plan and the annual training reports to the Mining Qualifications Authority.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, 11

(1) Every employer must -

(a) identify the hazards to health or safety to which employees may be exposed while they are at work;

(b) assess the risks to health or safety to which employees may be exposed while they are at work;

(c) record the significant hazards identified and risks assessed; and

(d) make those records available for inspection by employees.

(2) Every employer, after consulting the health and safety committee at the mine, must determine all measures, including changing the organisation of work and the design of safe systems of work, necessary to -

(a) eliminate any recorded risk;

(b) control the risk at source;

(c) minimise the risk; and (d) in so far as the risk remains -

(i) provide for personal protective equipment; and

(ii) institute a programme to monitor the risk to which employees may be exposed.

(3) Every employer must, as far as reasonably practicable, implement the measures determined necessary in terms of subsection (2) in the order in which the measures are listed in the paragraphs of that subsection.

(4) Every employer must -

(a) periodically review the hazards identified and risks assessed, including the results of occupational hygiene measurements and medical surveillance, to determine whether further elimination, control and minimisation of risk is possible; and

(b) consult with the health and safety committee on the review.

(5) Every employer must -

(a) conduct an investigation into every -

(i) accident that must be reported in terms of this Act;

(ii) serious illness; and

(iii) health-threatening occurrence;

(aA) commence an investigation referred to in paragraph (a) within 10 days from the date of such accident, serious illness or health threatening occurrence;"

(b) consult the health and safety committee on investigations in terms of this section;

(c) conduct an investigation in co-operation with the health and safety representative responsible for the working place in which the investigation takes place;

(d) on completion of each investigation, prepare a report that -

(i) identifies the causes and the underlying causes of the accident, serious illness or health-threatening occurrence;

(ii) identifies any unsafe conditions, acts, or procedures that contributed in any manner to the accident, serious illness or health-threatening occurrence; and

(iii) makes recommendations to prevent a similar accident, serious illness or health-threatening occurrence; and

(e) deliver a copy of the report referred to in paragraph (d) within 30 days from the date of the accident, serious illness or health-threatening occurrence being investigated to the Principal Inspector of Mines and the health and safety committee. If there is no health and safety committee the employer must deliver a copy of the report to the health and safety representative responsible for the working place.

(5A) An investigation in terms of subsection (5) must be completed within 30 days after the accident, serious illness or health-threatening occurrence being investigated or such longer period as the Principal Inspector of Mines may permit. (5B) The employer must notify the Principal Inspector of Mines of any accident or occurrence at a mine that results in-

(a) the serious injury;

(b) illness; or

(c) death, of any person, in order to allow the Principal Inspector of Mines to instruct an Inspector to conduct an investigation simultaneously with the employer as required in section 11(5)(a).

(6) An investigation referred to in subsection (5) may be held jointly with an investigation conducted by an inspector in terms of section 60.

(7) If there is no health and safety committee at a mine, the consultations required in this section must be held with -

(a) the health and safety representatives; or

(b) if there is no health and safety representative at the mine, with the employees.

(8) In the event of an incident in which a person died, or was injured to such an extent that he or she is likely to die, or suffered the loss of a limb or part of a limb, no person may without the consent of the Principal Inspector of Mines disturb the site at which the incident occurred or remove any article or substance involved in the incident: Provided that an article or substance may only be removed if it is necessary to-

(a) prevent any further incident;

(b) remove the injured or dead; or

(c) rescue any person from danger.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, 12

(1) The employer must engage the part-time or full-time services of a person qualified in occupational hygiene techniques to measure levels of exposure to hazards at the mine -

(a) if required to do so by regulation or a notice in the Gazette; or

(b) if, after assessing risks in terms of section 11 (1), it is necessary to do so.

(2) Every system of occupational hygiene measurements must -

(a) be appropriate, considering the hazards to which the employees are or may be exposed; and

(b) be designed so that it provides information that the employer can use in determining measures to eliminate, control and minimise the health risks and hazards to which employees are or may be exposed.

(3) The employer must keep a record of all occupational hygiene measurements in terms of subsection (1) in a manner that can be linked as far as practicable to each employee’s record of medical surveillance.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, 15

(1) An employee’s record of medical surveillance kept in terms of section 13 (3) (c) must be kept confidential and may be made available only -

(a) in accordance with the ethics of medical practice;

(b) if required by law or court order; or

(c) if the employee has consented, in writing, to the release of that information.

(2) Any person required to maintain an employee’s record of medical surveillance must -

(a) store it safely; and

(b) not destroy it or dispose of it, or allow it to be destroyed or disposed of, for 40 years from the last date of the medical surveillance of that employee.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, 16

(1) Every occupational medical practitioner at a mine must compile an annual report covering employees at that mine, giving an analysis of the employees’ health based on the employees’ records of medical surveillance, without disclosing the names of the employees.

(2) The annual report compiled in terms of subsection (1) must be given to the employer, who must deliver one copy of the report to each of -

(a) ……….

(b) the health and safety committees, or if there is no health and safety committee, the health and safety representatives; and

(c) the Medical Inspector.

Specific Reference: MHSA, 17

(1) If an employee was subject to, or was required to be subject to, medical surveillance in terms of this Act and such employee’s employment at a mine is terminated for any reason, the employer must arrange an exit medical examination of the employee.

(2) The examination referred to in subsection (1) must be held before, or within 30 days after, termination of employment.

(3) The employee must attend the examination.

(4) The occupational medical practitioner conducting the examination must -

(a) produce an exit certificate with respect to that employee indicating the results of all medical surveillance and the presence or absence of any occupational disease; and

(b) enter a copy of the exit certificate into the employee’s record of medical surveillance.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, 30

(1) A health and safety representative may - (m) inspect working places with regard to the health and safety of employees at intervals agreed with the employer;"

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg.8.5

(1) The employer must take reasonable measures to ensure that no person is injured due to the failure of any lifting equipment or lifting tackle as a result of-

(a) incorrect design for the intended application;

(b) incorrect installation; or

(c) insufficient maintenance.

(2) The employer must take reasonable measures to ensure that the installation, use (including the transport of persons), maintenance, inspection, testing and keeping of records of lifting equipment and lifting tackle are done in accordance with a written operating procedure prepared and implemented for that purpose.

(3) The employer must take reasonably practicable measures to ensure that -

(a) only lifting equipment and lifting tackle with a minimum factor of safety of four (4) is used;

(b) lifting equipment and lifting tackle are not used beyond their design capacity; and

(c) the safe working load of any lifting equipment and lifting tackle is conspicuously and clearly marked or indicated thereon.

(4) Notwithstanding regulation 8.5(2), the employer must take reasonably practicable measures to ensure that the following lifting tackle has a minimum factor of safety of -

(a) ten (10) for natural fiber ropes;

(b) six (6) for steel wire ropes, man-made fiber ropes and textile webbing; and

(c) four (4) for high tensile steel chains.

(5) The employer must take reasonable measures to ensure that only persons authorised in writing by the employer to do so, operate lifting equipment and lifting tackle.

(6) The employer must take reasonably practicable measures to ensure that the lifting equipment used at the mine is designed and manufactured in accordance with an appropriate standard.

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg.2.19.1

Every safety officer shall

(a) at intervals prescribed by these regulations or at such intervals as the chief safety officer or Principal Inspector of Mines may determine, inspect working places or machinery for which he has been appointed in or at the mine or works or part thereof in question;

(b) in the course of any such inspection satisfy himself in particular that

(i) all reasonable safety and health measures have been taken in respect of the use or handling of machinery and the performance of other work;

(ii) safety equipment is maintained in good condition and properly utilised;

(iii) the applicable requirements relating to the safety and health of employees, whether or not those requirements have the force of law, have been or are being complied with; and

(iv) all employees have been properly trained or possess the necessary qualifications for the safe execution of their work;

(c) report any threat or potential threat to the safety or health of any employee to the person in immediate charge of the working place or machinery in question;

(d) if the person in immediate charge is not readily available, take the necessary steps to avert any such immediate threat and report such matter as soon as practicable, but not later than the end of his shift, to an official responsible for that working place or machinery;

(e) at the end of his shift enter in ink in a book provided by the manager for that purpose and kept at a place designated by the manager

(i) a description of the working places or machinery inspected by him during the shift in question;

(ii) the conditions or circumstances at such working places or machinery, including any failure to comply with the requirements referred to in paragraph (b);

(iii) any report made by him in terms of paragraph (c) or (d) including the name of the person to whom such report was made; and

(iv) any steps which have already been taken or which in his opinion ought to be taken in order to avert any threat or potential threat to the safety or health of any employee;

(f) subject to the provisions of Chapter 25 of the Regulations, investigate and report in writing to the chief safety officer on any accident or occurrence mentioned in regulation 25.1 (c), (d) and (e) or regulation 25.6 and directed to him by the chief safety officer for investigation; and

(g) investigate and report in writing to the chief safety officer on any other accident or occurrence not mentioned in regulation 25.1 or regulation 25.6, for which an investigation is deemed necessary by the chief safety officer, and directed to him by the chief safety officer for investigation.

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg.5.18.1

In order to comply with the provisions of regulation 5.18 (b) and (c), the holder of a prospecting permit or mining authorization shall conduct the performance assessment of the relevant environmental management programme and compile and submit the report to the satisfaction of the Director: Mineral Development

(a) in accordance with the requirements of the relevant environmental management programme; or

(b) if the environmental management programme does not provide therefor, as agreed to in writing by the Director: Mineral Development. [Reg. 5.18.1 inserted by GN R801/99]

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg.23.4

The manager shall keep a record for each pressure vessel on which shall be entered the dates on which such vessel was cleaned, examined, repaired and tested. This record shall be signed by the person in charge of such cleaning, examination, repair and test.

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg.24.7

At every mine where more than 300 persons are employed every person under the age of 50 years who is in charge of workmen and who is employed in the workings or is normally employed on the surface where machinery is operated, shall within one year of his engagement on the mine be in possession of a valid first aid certificate recognised by the Chief Inspector: Provided that any person appointed in terms of regulation 2.5.1, 2.6.1, 2.12.1, 2.13.1 or 2.13.3 shall be exempted from being the holder of such certificate. Every first aid certificate shall be renewed at intervals of not more than 3 years. The provisions of this regulation shall not apply to any person who is the holder of the gold medal of the South African Red Cross Society, the medallion and 2 labels of the St. John’s Ambulance Association, the highest diploma of Die Suid­Afrikaanse Noodhulpliga or to any registered medical, surgical or mental nurse.

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg.3.3

Every permission or a copy thereof granted by the Chief Inspector under section 9 of the Act shall be posted up in a suitable place at the mind or works.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Act: GN R527, regulation 55

As part of the general terms and conditions for a prospecting right, mining right or mining permit and in order to ensure compliance with an environmental management programme or environmental management plan and to assess the continued appropriateness and adequacy of the environmental management programme or environmental management plan, a holder of such permit or right must-

(a) conduct monitoring on a continuous basis;

(b) conduct performance assessments of the environmental management plan or environmental management programme as required; and

(c) compile and submit a performance assessment report to the Minister in which compliance with paragraph (b) is demonstrated."

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 24Q

As part of the general terms and conditions for an environmental authorisation and in order to-

(a) ensure compliance with the conditions of the environmental authorisation; and

(b) in order to assess the continued appropriateness and adequacy of the environmental management programme, every holder and every holder of an old order right must conduct such monitoring and such performance assessment of the approved environmental management programme as may be prescribed.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference:MHSA, Sect 2(A)

2A. Chief Executive Officer Charged with Certain Functions

(1) Every chief executive officer must take reasonable steps to ensure that the functions of the employer as contemplated in this Act, are properly performed.

(2) Without derogating from any responsibility or liability of the chief executive officer in

terms of subsection

(1), the chief executive officer may entrust any function contemplated in the said subsection to any person under the control of the chief executive officer, which person must act subject to the control and directions of the chief executive officer.

(3) If the employer is a body corporate, the functions of the chief executive officer contemplated in subsections (1) and (2) may be performed by a member of the board of the body corporate designated by the board

The employer must inform the Chief Inspector of Mines, in writing, within seven days of the appointment of the chief executive officer.

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 4(1)

4. Employer May Entrust Functions to Another Person

(1) An employer may appoint any person except a manager to perform any function entrusted to the employer by sections 2 and 3 of this Act.

The employer must inform the Chief Inspector of Mines, in writing, within seven days of the appointment.

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 3(1)(a)

(1) The employer of every mine that is being worked must -

(a) appoint one or more managers with the qualifications as may be prescribed to be responsible for the day to day management and operation of the mine, and if more than one manager is appointed, ensure that the managers’ functions do not overlap;

The employer must inform the Chief Inspector of Mines, in writing, within three days of the appointment "

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 7(2)

7. Employer to Staff Mine with Due Regard to Health and Safety

(2) The employer may appoint any person with qualifications as may be prescribed to perform any function of the employer in terms of this Act.

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 7(4)

7. Employer to Staff Mine with Due Regard to Health and Safety

(4) A manager may appoint any person with qualifications as may be prescribed to perform any function of the manager in terms of this Act.

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg 2.6.1

The manager may appoint one or more competent persons as subordinate managers to assist him in the control, management and direction of the mine or of the works and every such person shall, to an extent to be clearly defined in his letter of appointment, have the same responsibilities under the regulations as the manager: Provided that the appointment of such persons shall not be taken to relieve the manager of any personal responsibility under the regulations.

The employer must inform the Chief Inspector of Mines, in writing, within three days of the appointment

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg 2.5.2.

1 In cases of underground operations where the manager is not the holder of a mine manager's certificate of competency and more than 50 persons work underground at any one time, the underground subordinate manager must be in possession of a mine manager's certificate of competency and be appointed in terms of Minerals Act Regulation 2.5.2.1

Useful Links: Appointment Register

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg 2.9.2

2.9 The manager shall

2.9.2 appoint such persons as may be necessary to assist him in enforcing such observations of the regulations.

Useful Links: Appointment Register

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg.2.13.1

At any mine or works where

(a) the designed rating of machinery used in the generation of power together with the power supplied from outside sources, exceeds the equivalent of 2 500 kilowatts; or

(b) any winding plant intended for conveying persons is installed, all machinery shall, subject to regulation 2.13.6.1, be under the general charge of an engineer who shall be appointed in writing by the manager.

The employer must inform the Chief Inspector of Mines, in writing, within three days of the appointment

Useful Links: Appointment Register

The words “together with the power supplied from outside sources” clearly refer to power which is supplied from outside (ESKOM) where: Kw – Kva and 1000 Kw = MVA. The interpretation which prescribes a method of calculating the supplied power as the guaranteed electrical power maximum demand from ESKOM appears to be reasonable and should be accepted. Emergency Generator sets cannot be included as they are not in regular use. Some of our members might fall in the above (ESKOM) category and will have to comply with a valid (reissued) Instruction. If you have more than one ‘mine or works’ – factory, the Regulation does not prohibit an individual engineer from being appointed at more than one mine or works. In terms of practical advice on the way forward, each member must consider his circumstances and if threatened obtain further legal advice. The CBA has at its disposal a generic legal opinion addressing the matters raised above.

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg.2.13.3.1

To assist the engineer referred to in regulation 2.13.1 the manager may appoint one or more subordinate engineers, who shall

(a) subject to regulation 2.13.6.1, be a certificated engineer;

(b) be responsible, either directly or through a subordinate engineer appointed in terms of regulation 2.13.3.2, to the engineer in general charge;

(c) carry the responsibility assigned to him in his letter of appointment; and

(d) not relieve the engineer referred to in regulations 2.13.1 and 2.13.3.2 of any responsibilities assigned to him in terms of these regulations.

The employer must inform the Chief Inspector of Mines, in writing, within three days of the appointment

Useful Links: Appointment Register

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg 2.15.1

The manager or subordinate manager of a mine may appoint one or more competent persons as shift bosses. Each shift boss shall during a shift be in charge of a section of the workings of the mine. The section to which each shift boss is appointed shall be clearly defined in writing in a book termed the Shift Boss’ Logbook, provided for the purpose by the manager and kept in a place appointed by the manager. Where the number of persons employed in the workings exceeds 300, the appointment of a shift boss or shift bosses during each working shift shall be compulsory: Provided that the Principal Inspector of Mines may require the appointment of additional shift bosses if he considers it necessary in the interests of safety or health: Provided further that the Principal Inspector of Mines may, where the number of persons employed in the workings is 300 or less, require the appointment of a shift boss or shift bosses if he considers that the conditions prevailing make such appointment necessary

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, 13(3)

(3) Every employer who establishes or maintains a system of medical surveillance must -

(a) engage the part-time or full-time services of -

(i) an occupational medical practitioner; and

(ii) ………..

[Subpara. (ii) deleted by s. 5 of Act 74/2008]

(b) supply the practitioners with the means to perform their functions; and

(c) keep a record of medical surveillance for each employee exposed to a health hazard.

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 6.9

The manager must -

(a) within 7 days of election, appoint in writing every employee elected as a health and safety representative;

(b) provide every health and safety representative with suitable means of identification as a health and safety representative; and

(c) prominently and conspicuously display the photograph and name of the health and safety representative at an appropriate place at the mine.

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 6.10

Every employee representative on a health and safety committee at a mine must be appointed by a majority of the health and safety representatives at the mine.

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, 34

(1) If a collective agreement is concluded in terms of section 33 (1), health and safety committees must be established in terms of that agreement.

(2) If no collective agreement is concluded in terms of section 33 (1), the employer must establish health and safety committees after the consultation referred to in section 33 (6) or (7) and in accordance with this section and the regulations.

(3) A health and safety committee must consist of -

(a) at least four employee representatives; and

(b) a number of employer representatives equal to or less than the number of employee representatives.

(4) The health and safety representatives must appoint the employee representatives on the health and safety committee. The employee representatives must be -

(a) broadly representative of the working places at the mine; and

(b) employees at that mine.

(5) No more than two of the employee representatives may be appointed from full-time employees who are not health and safety representatives, unless all of the health and safety representatives have been appointed to the committee and there are still employee committee positions to be filled.

(6) The employer must appoint the employer representatives on the health and safety committee. The persons appointed must include persons who have authority to develop and implement health and safety policies at the mine.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, 34(6)

(6) The employer must appoint the employer representatives on the health and safety committee. The persons appointed must include persons who have authority to develop and implement health and safety policies at the mine.

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 4.2(1)(a)

4.2(1) The employer must ensure that:

(a) explosives that are not being transported or prepared for use are stored in explosive stores, silos or containers which are securely locked or, as far as reasonably practicable, designed and located so as to facilitate the safe and secure receipt, storage and issuing of explosives by a person referred to in regulation 4.1(2)

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA Reg. 4.4(1)

4.4. Primary and Secondary Blasting to be Performed by Competent Persons

4.4(1) The employer must take reasonable measures to ensure, where primary or secondary blasting takes place, that a competent person is appointed in writing to-

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 5.1(1)

(1) The employer must ensure that a competent person reports to the employer, at appropriate intervals determined in accordance with the mine’s risk assessment, on -

(a) the effectiveness of the precautionary measures taken to prevent or suppress explosions of coal dust or flammable gas; and

(b) the adequacy of measures in place to prevent, detect and combat the start and spread of mine fires.

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 17.2

(a) The employer must appoint a competent person to be in charge of surveying, mapping and mine plans at the mine, and if the services of more than one competent person are engaged, ensure that their functions do not overlap. The Chief Inspector of Mines may require the appointment of more than one competent person where in his opinion such an appointment is necessary.

(b) The employer must in writing inform the Chief Inspector of Mines of the appointment of any competent person in terms of regulation 17(2)(a), and of the termination of any such appointment, within 7 days of the date of such appointment or termination. In the case of an appointment, the notification must include:-

(i) the name of the competent person;

(ii) certified copies of all relevant qualifications of the competent person; and

(iii) whether the appointment of the competent person is full time or part time.

(c) In the case of an underground mine, one competent person appointed under regulation 17(2)(a) must be able to reach the mine in the case of those emergencies and within such time(s), as determined in terms of the mine’s risk assessment. Such emergencies and time(s) must be included in the mine’s mandatory Code of Practice for Emergency Preparedness and Response. Appointment at two or more mines

(d) The competent person appointed at any mine by the employer under regulation 17(2)(a) may not in addition be appointed under regulation 17(2)(a) as a competent person at any other mine, except with the written permission of the Chief Inspector of Mines and subject to such terms and conditions as the Chief Inspector of Mines may determine. Period permitted without a competent person

(e) The employer must take reasonable measures to ensure that no mine is worked without a competent person appointed under regulation 17(2)(a) for more than 60 days in any period of 6 consecutive months. The employer must in writing appoint a suitably qualified person to perform the functions of the competent person under this Chapter during such period of 60 days or portion thereof, as the case may be.

The employer must inform the Chief Inspector of Mines, in writing, within seven days of the appointment

Useful Links: Appointment Register

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA Reg 2.17.1

The manager of a mine or works may in writing appoint one or more persons as safety officers for the mine or works: Provided that

(a) if the number of employees at a mine or works exceed 300, the manager of that mine or works shall so appoint at least one person as a safety officer for that mine or works; and

(b) if the Principal Inspector of Mines considers it necessary in the interest of safety and health at any mine or works, he may in writing direct the manager of that mine or works to appoint a safety officer or additional safety officers at that mine or works: Provided further that such safety officer devote all his time to the functions assigned to a safety officer by or under these regulations.

The employer must inform the Chief Inspector of Mines, in writing, within five days of the appointment

Useful Links: Appointment Register

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA Reg 2.17.4

When

(a) two or more safety officers have been appointed at a mine or works, the manager of the mine or works shall designate at least one of those safety officers as chief safety officer; or

(b) only one, safety officer has been appointed at a mine or works, that safety officer shall, in addition to the functions which he is required or permitted to perform as a safety officer by or under these regulations, be invested and charged with the functions assigned to a chief safety officer by or under these regulations.

The employer must inform the Chief Inspector of Mines, in writing, within five days of the appointment

Useful links: Appointment Register

Applicable Act: Hazardous Substance Act - Act 15 of 1973

Specific Reference: Hazardous Substances Act, 15 Of 1973 - Regulation Relating To Group IV Hazardous Substances (GNR 247)

(1) Every holder of an authority shall, before he engages in any activity that pertains to that authority, create or assign one post of radiation protection officer and one post of acting radiation protection officer on his permanent establishment and retain such posts for the duration of his authority.

(2) (a) A holder shall appoint, in consultation with the Director-General, incumbents to the posts referred to in subregulation (1) and shall forthwith notify the Director-General when such a post becomes vacant.

(b) A holder himself may, in the case where he is a natural person, hold any such post.

(3) A radiation protection officer, an acting radiation protection officer and a holder referred to in subregulation (2) (b) shall be-

(a) a medical physicist; or

(b) any other person with knowledge and experience of -

(i) the basic principles of radiation protection and control in general; and

(ii) such specific aspects of radiation protection and control, as may be applicable to the installation and working conditions that are covered by the authority concerned.

(4) Except with the written approval of the Director General, no activity in respect of which an authority was granted, or any action Whatsoever pertaining to such activity may, subject to the provisions of subregulation (2) (b), take place in the absence of the appointment of incumbents to the posts referred to in subregulation (1).

(5) A holder of an authority who does not himself hold the post of radiation protection officer or acting radiation protection officer, as the case may be, in terms of subregulation (2) (b), shall in the service contract concerned, apart from any powers or duties associated with such post-

(a) place the person whom he has appointed in terms of subregulation (2) (a) as radiation protection officer in control of ail activities that pertain to that authority, and of all actions and operations which are carded out or performed in terms of such authority by any radiation worker or other employee in the employ of such holder; and

(b) invest the person whom he appoints in terms of subregulation (2) (a) as acting radiation protection officer with all the said powers in the case where such person, in the absence of the radiation protection officer, acts on his behalf in his post, and shall submit or send by registered mail a copy of such service contract, which such holder has certified to be a true and correct copy of the original service contract, to the Director-General for record purposes within 14 days of such appointment

Useful Links: Appointment Register

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 2(A)

2A. Chief Executive Officer Charged with Certain Functions

(1) Every chief executive officer must take reasonable steps to ensure that the functions of the employer as contemplated in this Act, are properly performed.

(2) Without derogating from any responsibility or liability of the chief executive officer in terms of subsection (1), the chief executive officer may entrust any function contemplated in the said subsection to any person under the control of the chief executive officer, which person must act subject to the control and directions of the chief executive officer.

(3) If the employer is a body corporate, the functions of the chief executive officer contemplated in subsections (1) and (2) may be performed by a member of the board of the body corporate designated by the board.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 2

(1) The employer of every mine that is being worked must -

(a) ensure, as far as reasonably practicable, that the mine is designed, constructed and equipped -

(i) to provide conditions for safe operation and a healthy working environment; and

(ii) with a communication system and with electrical, mechanical and other equipment as necessary to achieve those conditions;

(b) ensure, as far as reasonably practicable, that the mine is commissioned, operated, maintained and decommissioned in such a way that employees can perform their work without endangering the health and safety of themselves or of any other person;

(c) compile an annual report on health and safety at the mine including the statistics on health and safety that must be kept in terms of this Act and the annual medical report referred to in section 16; and

(d) if the employer is a body corporate, and employs more than 50 employees, publish and distribute the report referred to in paragraph (c), in an appropriate form, to the body corporate’s shareholders or members.

(2) The employer of a mine that is not being worked, but in respect of which a closure certificate in terms of the Minerals and Petroleum Resources and Development Act has not been issued, must take reasonable steps to continuously prevent injuries, ill-health, loss of life or damage of any kind from occurring at or because of the mine.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 2A(6)

(a) The employer must inform the Chief Inspector of Mines, in writing, within seven days of the appointment of the chief executive officer.

(b) The information to the Chief Inspector of Mines include-

(i) the name of the chief executive officer;

(ii) the nature of such person’s function; and

(iii) the name of persons who are managers under the supervision of the chief executive officer.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Secific Reference: MHSA, Sect 3

(1) The employer of every mine that is being worked must -

(a) appoint one or more managers with the qualifications as may be prescribed to be responsible for the day to day management and operation of the mine, and if more than one manager is appointed, ensure that the managers’ functions do not overlap;

(b) supply the managers with the means to perform their functions; and

(c) take reasonable steps to ensure that the managers perform their functions.

(3) If no manager is appointed in terms of subsection (1), the employer must perform the functions of a manager in terms of this Act.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 4 (1)

An employer may appoint any person except a manager to perform any function entrusted to the employer by sections 2 and 3 of this Act.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 4(2)

An employer who appoints a person under subsection (1) must notify the Chief Inspector of Mines of that appointment within seven days, and must include in that notice -

(a) the name of the person appointed;

(b) the nature of the person’s functions; and

(c) the names of the manager or managers over whom that person has control.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 4(3)

An employer who appoints a person under subsection (1) must -

(a) supply each person appointed with the means to perform their functions; and

(b) take reasonable steps to ensure that they perform their functions.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 5(1)

As far as reasonably practicable, every employer must provide and maintain a working environment that is safe and without risk to the health of employees.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 5(2)

As far as reasonably practicable, every employer must -

(a) identify the relevant hazards and assess the related risks to which persons who are not employees may be exposed; and

(b) ensure that persons who are not employees, but who may be directly affected by the activities at the mine, are not exposed to any hazards to their health and safety.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 6(1)

Every employer must -

(a) supply all necessary health and safety equipment and health and safety facilities to each employee; and

(b) maintain, as far as reasonably practicable, that equipment and those facilities in a serviceable and hygienic condition.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 6(2)

Every employer must ensure that sufficient quantities of all necessary personal protective equipment are available so that every employee who is required to use that equipment is able to do so.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Section 6(3)

Every employer must take reasonable steps to ensure that all employees who are required to use personal protective equipment are instructed in the proper use, the limitations and the appropriate maintenance of that equipment.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 7(1)

As far as reasonably practicable, every employer must -

(a) ensure that every employee complies with the requirements of this Act;

(b) institute the measures necessary to secure, maintain and enhance health and safety;

(c) provide persons appointed under subsections (2) and (4) with the means to comply with the requirements of this Act and with any instruction given by an inspector;

(d) consider an employee’s training and capabilities in respect of health and safety before assigning a task to that employee; and

(e) ensure that work is performed under the general supervision of a person trained to understand the hazards associated with the work and who has the authority to ensure that the precautionary measures laid down by the employer are implemented.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 7(2)

The employer may appoint any person with qualifications as may be prescribed to perform any function of the employer in terms of this Act.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 7(4)

A manager may appoint any person with qualifications as may be prescribed to perform any function of the manager in terms of this Act.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference; MHSA, Sect 9(1)

Any employer may prepare and implement a code of practice on any matter affecting the health or safety of employees and other persons who may be directly affected by activities at the mine.

Specific Reference: MHSA, Sect 9(2)

An employer must prepare and implement a code of practice on any matter affecting the health or safety of employees and other persons who may be directly affected by activities at the mine if the Chief Inspector of Mines requires it.

Specific Reference: MHSA, Sect 9(3)

A code of practice required by the Chief Inspector of Mines must comply with guidelines issued by the Chief Inspector of Mines.

Specific Reference: MHSA, Sect 9(4)

The employer must consult with the health and safety committee on the preparation, implementation or revision of any code of practice.

Specific Reference: MHSA, Sect 9(5)

The employer must deliver a copy of every code of practice prepared in terms of subsection (2) to the Chief Inspector of Mines.

Specific Reference: MHSA, Sect 9(6)

The Chief Inspector of Mines must review a code of practice of a mine if requested to do so by a registered trade union with members at the mine, or a health and safety committee or a health and safety representative at the mine.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 8(1)

Every employer must prepare a document that -

(a) describes the organisation of work;

(b) establishes a policy concerning the protection of employees’ health and safety at work;

(c) establishes a policy concerning the protection of persons who are not employees but who may be directly affected by the activities at the mine; and

(d) outlines the arrangements for carrying out and reviewing policies.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 8(2)

The employer must consult with the health and safety committee on the preparation or revision of the document and policies referred to in subsection (1).

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 8(3)

The employer must -

(a) prominently and conspicuously display a copy of the document referred to in subsection (1) for employees to read; and

(b) give each health and safety representative a copy of the document

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 10(1)

As far as reasonably practicable, every employer must -

(a) provide employees with any information, instruction, training or supervision that is necessary to enable them to perform their work safely and without risk to health; and

(b) ensure that every employee becomes familiar with work-related hazards and risks and the measures that must be taken to eliminate, control and minimise those hazards and risks.

Specific Reference: MHSA, Sect 10(2)

As far as reasonably practicable, every employer must ensure that every employee is properly trained -

(a) to deal with every risk to the employee’s health or safety that -

(i) is associated with any work that the employee has to perform; and

(ii) has been recorded in terms of section 11;

(b) in the measures necessary to eliminate, control and minimise those risks to health or safety;

(c) in the procedures to be followed to perform that employee’s work; and

(d) in relevant emergency procedures.

Specific Reference: MHSA, Sect 10(3)

In respect of every employee, the provisions of subsection (2) must be complied with -

(a) before that employee first starts work;

(b) at intervals determined by the employer after consulting the health and safety committee;

(c) before significant changes are introduced to procedures, mining and ventilation layouts, mining methods, plant or equipment and material; and

(d) before significant changes are made to the nature of that employee’s occupation or work.

Specific Reference: MHSA, Sect 10(4)

The employer must keep a record of all formal training provided in respect of each employee in terms of subsection (2).

Specific Reference: MHSA, Sect 10(5)

All mines must submit a workplace skills plan and the annual training reports to the Mining Qualifications Authority.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 11(1)

Every employer must -

(a) identify the hazards to health or safety to which employees may be exposed while they are at work;

(b) assess the risks to health or safety to which employees may be exposed while they are at work;

(c) record the significant hazards identified and risks assessed; and

(d) make those records available for inspection by employees.

Specific Reference: MHSA, Sect 11(2)

Every employer, after consulting the health and safety committee at the mine, must determine all measures, including changing the organisation of work and the design of safe systems of work, necessary to -

(a) eliminate any recorded risk;

(b) control the risk at source;

(c) minimise the risk; and

(d) in so far as the risk remains -

(i) provide for personal protective equipment; and

(ii) institute a programme to monitor the risk to which employees may be exposed.

Specific Reference: MHSA, Sect 11(3)

Every employer must, as far as reasonably practicable, implement the measures determined necessary in terms of subsection (2) in the order in which the measures are listed in the paragraphs of that subsection.

Specific Reference: MHSA, Sect 11(4)

Every employer must -

(a) periodically review the hazards identified and risks assessed, including the results of occupational hygiene measurements and medical surveillance, to determine whether further elimination, control and minimisation of risk is possible; an

(b) consult with the health and safety committee on the review.

Specific Reference: MHSA, Sect 11(5)

Every employer must -

(a) conduct an investigation into every -

(i) accident that must be reported in terms of this Act;

(ii) serious illness; and

(iii) health-threatening occurrence;

(a) commence an investigation referred to in paragraph (a) within 10 days from the date of such accident, serious illness or health threatening occurrence;

(b) consult the health and safety committee on investigations in terms of this section;

(c) conduct an investigation in co-operation with the health and safety representative responsible for the working place in which the investigation takes place;

(d) on completion of each investigation, prepare a report that -

(i) identifies the causes and the underlying causes of the accident, serious illness or health-threatening occurrence;

(ii) identifies any unsafe conditions, acts, or procedures that contributed in any manner to the accident, serious illness or health-threatening occurrence; and

(iii) makes recommendations to prevent a similar accident, serious illness or health-threatening occurrence; and

(e) deliver a copy of the report referred to in paragraph (d) within 30 days from the date of the accident, serious illness or health-threatening occurrence being investigated to the Principal Inspector of Mines and the health and safety committee. If there is no health and safety committee the employer must deliver a copy of the report to the health and safety representative responsible for the working place.

(5A) An investigation in terms of subsection (5) must be completed within 30 days after the accident, serious illness or health-threatening occurrence being investigated or such longer period as the Principal Inspector of Mines may permit.

(5B) The employer must notify the Principal Inspector of Mines of any accident or occurrence at a mine that results in-

(a) the serious injury;

(b) illness; or

(c) death, of any person, in order to allow the Principal Inspector of Mines to instruct an Inspector to conduct an investigation simultaneously with the employer as required in section 11(5)(a).

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 12(1)

The employer must engage the part-time or full-time services of a person qualified in occupational hygiene techniques to measure levels of exposure to hazards at the mine -

(a) if required to do so by regulation or a notice in the Gazette; or

(b) if, after assessing risks in terms of section 11 (1), it is necessary to do so.

Specific Reference: MHSA, Sect 12(3)

The employer must keep a record of all occupational hygiene measurements in terms of subsection (1) in a manner that can be linked as far as practicable to each employee’s record of medical surveillance.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 13(1)

The employer must establish and maintain a system of medical surveillance of employees exposed to health hazards -

(a) if required to do so by regulation or a notice in the Gazette; or

(b) if, after assessing risks in terms of section 11 (1), it is necessary to do so.

Specific Reference: MHSA, Sect 13(3)

Every employer who establishes or maintains a system of medical surveillance must -

(a) engage the part-time or full-time services of -

(i) an occupational medical practitioner; and

(ii) ………..

(b) supply the practitioners with the means to perform their functions; and

(c) keep a record of medical surveillance for each employee exposed to a health hazard.

Specific Reference: MHSA, Sect 13(4)

(4) ………..

(4A) The employer must inform the Principal Inspector of Mines, in writing, within seven days of the appointment of the occupational medical practitioner.

(4B) The information submitted in terms of subsection (4A) must include-

(a) the name of a occupational medical practitioner;

(b) his or her practice number; and

(c) whether the occupational medical practitioner is engaged full time or part time.

Specific Reference: MHSA, Sect 13(6)

If any employee is declared unfit to perform work as a result of an occupational disease, the employer must conduct an investigation in terms of section 11 (5).

Specific Reference: MHSA, Sect 13(8)

The employer must -

(a) retain the records referred to in sections 12 (3), 13 (3) (c) and 14 (1) until the mine closes; and

(b) when the mine closes, deliver those records to the Medical Inspector.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 14(1)

The employer at every mine must keep a service record, in the prescribed form, of employees at the mine who perform work in respect of which medical surveillance is conducted in terms of section 13.

Specific Reference: MHSA, Sect 14(2)

The employer must deliver to the Medical Inspector a copy of the relevant part of the record kept in terms of subsection (1) -

(a) when an employee whose name appears in that record ceases to be employed at that mine; or

(b) when required to do so by the Chief Inspector of Mines.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 31

(1) The employer must pay every full-time health and safety representative appropriate remuneration at least equal to the remuneration the representative earned immediately before being appointed as a full-time health and safety representative.

(2) The employer must provide reasonable time and facilities for employees to meet monthly with their health and safety representatives in order to consider -

(a) health and safety in their working places; and

(b) reports by the representatives on the performance of their functions.

(3) The employer must provide health and safety representatives with -

(a) the facilities and assistance reasonably necessary to perform their functions;

(b) training that is reasonable required to enable them to perform their functions; and

(c) time off from work, without loss of remuneration, to attend any training course that is agreed or prescribed.

(4) Unless otherwise agreed, the assistance referred to in subsection (3) (a) does not include any costs associated with advisers or independent experts contemplated in either section 30 (1) (h) or section 36 (1) (g)

(5) On the completion of a term of office as a full-time health and safety representative, the health and safety representative is entitled to -

(a) employment in the same position held immediately before being appointed as a full-time health and safety representative; or

(b) employment in a position that is at least as favourable as the position held immediately before being appointed a full-time health and safety representative.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 32

Every employer must notify the health and safety representatives concerned and, if there is a health and safety committee, the employee co-chairperson of that committee -

(a) in good time, of inspections, investigations or inquiries of which an inspector has notified the employer; and

(b) as soon as practicable, of any accident, serious illness or health-threatening occurrence, or other dangerous event.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 33

(1) The employer of any mine in respect of which a health and safety committee must be established in terms ofsection 25

(2), must meet, within the prescribed period, with the representative trade union at the mine to enter into negotiations to conclude a collective agreement concerning -

(a) the number of health and safety committees to be established at the mine and the working places for which they will be responsible;

(b) the number of employer and employee representatives on the committees;

(c) the election and appointment of members of health and safety committees;

(d) the terms of office of members of the health and safety committee and the circumstances and the manner in which the members may be removed from office;

(e) the manner in which vacancies are to be filled;

(f) the circumstances and the manner in which meetings may be held;

(g) the facilities and assistance which must be provided to health and safety committees in terms of section 37 (a); and

(h) a procedure that provides for the conciliation and arbitration of disputes arising from the application or interpretation of the collective agreement or any provision of this Chapter.

(2) Before concluding a collective agreement referred to in subsection (1) with the representative trade union, the employer must consult on the matters referred to in that subsection with all other registered trade unions with members at that mine.

(3) A collective agreement referred to in subsection (1) may include two or more employers as parties to the agreement.

(4) To the extent that an agreement concluded in terms of subsection (1) deals with any matter regulated by this Chapter or by any regulation regarding any matter regulated by this Chapter, the provisions of this Chapter or such regulation do not apply.

(5) The provisions applicable to collective agreements in terms of the Labour Relations Act, read with the changes required by the context, apply to agreements concluded in terms of subsection (1).

(6) If there is no representative trade union at the mine, the employer must consult, within the prescribed period, with the registered trade unions with members at the mine on the matters referred to in subsection (1).

(7) If there is no registered trade union with members at the mine, the employer must, within the prescribed period, consult with the employees or any elected representatives of the employees on the matters referred to in subsection (1).

(8) The negotiations and consultations referred to in this section may be held at the same time as those referred to in section 26.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 37

The employer must -

(a) provide the health and safety committee with the facilities and assistance reasonably necessary to perform its functions;

(b) supply the health and safety committee with the annual report referred to in section 2 (1) (c) and any information necessary to perform its functions

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 52

(1) When an inspector enters any mine or place referred to in section 50 (1), the employer and each employee performing any work there must provide any facility that the inspector reasonably requires.

(2) Persons questioned by an inspector under section 50 (2) (a) or (c) or (3) must answer each question to the best of their ability, but no person is required to answer any question if the answer may be self-incriminating.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 56

The employer of a mine must -

(a) promptly supply a copy of any instruction of an inspector to -

(i) the health and safety representative representing the employees affected by the instruction; and

(ii) the health and safety committee responsible for those employees; and

(b) promptly publicise the instruction by -

(i) prominently and conspicuously displaying copies of the instruction to the employees whose interests may be affected; and

(ii) causing its contents to be communicated orally to those employees.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 85

(1) No person may cause or permit an employee under the age of 18 years to work underground at a mine.

(2) No employee under the age of 18 years may work underground at a mine.

(3) Despite subsections (1) and (2), an employee under the age of 18 years but over the age of 16 years may work underground as part of vocational education or training.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 86

(1) Any person who, by a negligent act or by a negligent omission, causes serious injury or serious illness to a person at a mine, commits an offence.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 91

(1) Any person, including an employer, who contravenes, or fails to comply with, any-

(a) provision of this Act;

(b) regulation; or

(c) condition, suspension, notice, order, instruction, prohibition, authorisation, permission, consent, exemption, certificate or document determined, given, issued, prescribed or granted by or under this Act by the Minister, Chief Inspector of Mines, inspector, any person authorised under section 49(4) or any person to whom any power has been delegated or the performance of any duty has been assigned under section 96, commits an offence and is liable to a fine or imprisonment as may be prescribed.

(1B) Any employer is liable to a fine in terms of section 55B if the employer contravenes, or fails to comply with, any -

(a) provision of this Act,;

(b) regulation; or

(c) condition, suspension, notice, order, instruction, prohibition, authorisation, permission, consent, exemption, certificate or document determined, given, issued, promulgated or granted by or under this Act by the Minister, Chief Inspector of Mines, inspector, any person authorised under section 49 (4) or any person to whom any power has been delegated or the performance of any duty has been assigned under section 96.

(1C) Despite subsection (1B), any employer who contravenes or fails to comply with any standard in a code of practice prepared in terms of section 9 (2) is not liable to a fine in terms of section 55B if -

(a) the standard exceeds any compulsory standard in any relevant guideline issued by the Chief Inspector of Mines; and

(b) the conduct constituting the contravention or failure complies with the compulsory standard in any relevant guideline issued by the Chief Inspector of Mines.

(3) A person appointed under section 4 (1) to perform any function entrusted to an employer by this Act commits an offence if that person fails to exercise reasonable care in performing that function.

(4) Any chief executive officer or member of the board contemplated in section 2A who performs a function in terms of section 2A (1) or (3) commits an offence if that person fails to take reasonable steps in performing that function.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg.8.12.2

The employer must take reasonable measures to ensure that the Principal Inspector of Mines is notified:

8.12.2.1 on Form DMR 299 Chairlift particulars prescribed in Chapter 21, of the required particulars of every chairlift prior to commencement of:

a) its installation;

b) major modifications (as defined in SANS 273:2007 Edition 1 “The design, construction, maintenance and safe operation of chairlifts in mines”) to it; or

c) its recommissioning, either after having been extended, relocated or not being used for a continuous period of six (6) months

8.12.2 2 in writing within 30 days if any chairlift has been decommissioned or has not been used for more than six (6) consecutive months.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg.8.12.3

The employer must take reasonable measures to ensure that a copy of the notification as contemplated in regulation 8.12.2.1 is kept readily available at the mine and is also displayed where it can be seen by users of the chairlift.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 86

(1) Any person who, by a negligent act or by a negligent omission, causes serious injury or serious illness to a person at a mine, commits an offence.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 87

(1) Any person who discloses any information that they acquired in the performance of a function in terms of this Act and that relates to the financial and business affairs of an employer or any other person who employs employees, commits an offence.

(2) Subsection (1) does not apply if the information -

(a) was disclosed to enable a person to perform a function in terms of this Act;

(b) must be disclosed in terms of this Act, any other law or an order of court; or

(c) was disclosed to a health and safety representative or health and safety committee in terms of Chapter 3.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 89

Any person who obtains or attempts to obtain a prescribed certificate of competency by means of fraud, dishonesty, false pretences or the presentation or submission of a false or forged document commits an offencence.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 28

As part of the organization duty of care to prevent pollution, the organization must ensure that the conduct of its subcontractors is compliant to all applicable legal requirements. This can be monitored through regular inspections and audits.

Applicable Act: Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

Specific Reference: FFFARSA: Section 3

Contractors administering pest control must be registered with the Department of Agriculture to act as a “Pest Control Operator”. Material safety data sheets of the substances used by the pest control operator must be made available by the contractor. Procurement must ensure that the Pest Control Operator Certificate and MSDSs for the substance to be used are available prior to appointment of the contractor.

Applicable Act: National Environmental Management: Waste Act 59 of 2008

Specific Reference: NEMWA, section 23 and 24

Only municipalities, municipal service providers and service providers authorised by law to collect waste may collect waste.

Applicable Act: The Gauteng Waste information system (GWIS)

Specific Reference: GWIS, regulation 4

Hazardous waste transporters listed in Schedule 1 must be registered on the Gauteng Waste Information System (GWIS) as such.

Applicable Act: Occupational Health and Safety Act, Act 85 of 1993: GN R1179

Specific Reference: OHSA: GN R1179, regulation 15(f)

Contracts with waste disposal contractors responsible for the removal of HCS must include a clause that the contractor must comply with the requirements of OHSA: GN R1179.

Applicable Act: Occupational Health and Safety Act, Act 85 of 1993: GN R1179

Specific Reference: OHSA: GN R1179, regulation 9A

Any supplier of hazardous chemical substances is required to provide the user with a material safety data sheet (MSDS) in the form set out in Annexure 1 containing all the information as per ISO 11014 or ANSIZ 400.1.1993.

It must be ensured that an MSDS is obtained before a hazardous chemical substance is delivered to the workplace.

Applicable Act: National Road Traffic Regulations, 2000: GN R225

Specific Reference: NRTA: GN R 225, regulation 277

There are specific requirements that must be complied with by the consignor and consignee of dangerous goods. A consignor means the person who offers dangerous goods for transport and a consignee is the person who accepts dangerous goods, which have been transported in a vehicle. Both consignor and consignee must comply with the requirements of a number of SANS standard specifications and codes of practice relevant to dangerous goods which have been incorporated into the regulations.

The consignee must appointment of responsible person to oversee the off-loading of dangerous goods on its site who must ensure compliance with the requirements of NRTA:GN R225 during the off-loading of dangerous goods on site.

The consignee must ensure that the consignor’s drivers are trained at an approved training body and that the vehicle transporting dangerous goods are in possession of a Transport Permit.

Applicable Act: OHSA: GNR 84 - 07 February 2014, Construction Regulations

Specific Reference: OHSA: GNR 84 of 7/2/2014, regulation 3

(1) A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work starts from the 7th August 2018 and will -

(a) exceed 365 days and will involve more than 3600 person days of construction work; or

(b) the tender value limit is grade 7, 8 or 9 of the Construction Industry Development Board (CIDB) grading

(2) An application contemplated in subregulation (1) must be done in a form similar to Annexure 1.

(3) The provincial director must issue a construction work permit in writing to perform construction work contemplated in subregulation (1) within 30 days of receiving the construction work permit application and must assign a site specific number for each construction site.

(4) A site specific number contemplated in subregulation (3) must be conspicuously displayed at the main entrance to the site for which that number is assigned.

(5) A construction work permit contemplated in this regulation may be granted only if- (a) the fully completed documents contemplated in regulation 5(1)(a) and (b) have been submitted; and (b) proof in writing has been submitted-

(i) that the client complies with regulation 5(5)

(ii) with regard to the registration and good standing of the principal contractor as contemplated in regulation 5(1)(j); and (iii) that regulation 5(1)(c), (d), (e), (f), (g) and (h) has been complied with.

(6) A client must ensure that the principal contractor keeps a copy of the construction work permit contemplated in subregulation (1) in the occupational health and safety file for inspection by an inspector, the client, the client’s authorised agent, or an employee.

(7) No construction work contemplated in subregulation (1) may be commenced or carried out before the construction work permit and number contemplated in subregulation (3) have been issued and assigned.

(8) A site specific number contemplated in subregulation (3) is not transferrable."

Useful Links: Published in Government Notice 850, published in Government Gazette 41839 dated 17 August 2018

Applicable Act: OHSA: GNR 84 - 07 February 2014, Construction Regulations

Specific Reference: OHSA: GNR 84 of 7/2/2014, regulation 4

(1) A contractor who intends to carry out any construction work other than work contemplated in regulation 3(1), must at least 7 days before that work is to be carried out notify the provincial director in writing in a form similar to Annexure 2 if the intended construction work will-

(a) include excavation work;

(b) include working at a height where there is risk of falling;

(c) include the demolition of a structure; or

(d) include the use of explosives to perform construction work.

(2) A contractor who intends to carry out construction work that involves construction of a single storey dwelling for a client who is going to reside in such dwelling upon completion, must at least 7 days before that work is to be carried out notify the provincial director in writing in a form similar to Annexure 2.

Applicable Act: OHSA: GNR 84 - 07 February 2014, Construction Regulations

Specific Reference: OHSA: GNR 84 of 7/2/2014, regulation 5

A client must-

(a) prepare a baseline risk assessment for an intended construction work project;

(b) prepare a suitable, sufficiently documented and coherent site specific health and safety specification for the intended construction work based on the baseline risk assessment contemplated in paragraph (a);

(c) provide the designer with the health and safety specification contemplated in paragraph (b);

(d) ensure that the designer takes the prepared health and safety specification into consideration during the design stage;

(e) ensure that the designer carries out all responsibilities contemplated in regulation 6;

(f) include the health and safety specification in the tender documents;

(g) ensure that potential principal contractors submitting tenders have made adequate provision for the cost of health and safety measures;

(h) ensure that the principal contractor to be appointed has the necessary competencies and resources to carry out the construction work safely;

(i) take reasonable steps to ensure co-operation between all contractors appointed by the client to enable each of those contractors to comply with these Regulations;

(j) ensure before any work commences on a site that every principal contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);

(k) appoint every principal contractor in writing for the project or part thereof on the construction site;

(l) discuss and negotiate with the principal contractor the contents of the principal contractor’s health and safety plan contemplated in regulation 7(1), and must thereafter finally approve that plan for implementation;

(m) ensure that a copy of the principal contractor’s health and safety plan is available on request to an employee, inspector or contractor;

(n) take reasonable steps to ensure that each contractor’s health and safety plan contemplated in regulation 7(1)(a) is implemented and maintained;

(o) ensure that periodic health and safety audits and document verification are conducted at intervals mutually agreed upon between the principal contractor and any contractor, but at least once every 30 days;

(p) ensure that a copy of the health and safety audit report contemplated in paragraph

(o) is provided to the principal contractor within seven days after the audit;

(q) stop any contractor from executing a construction activity which poses a threat to the health and safety of persons which is not in accordance with the client’s health and safety specifications and the principal contractor’s health and safety plan for the site;

(r) where changes are brought about to the design or construction work, make sufficient health and safety information and appropriate resources available to the principal contractor to execute the work safely; and

(s) ensure that the health and safety file contemplated in regulation 7(1)(b) is kept and maintained by the principal contractor.

(2) Where a client requires additional work to be performed as a result of a design change or an error in construction due to the actions of the client, the client must ensure that sufficient safety information and appropriate additional resources are available to execute the required work safely.

(3) Where a fatality or permanent disabling injury occurs on a construction site, the client must ensure that the contractor provides the provincial director with a report contemplated in section 24 of the Act, in accordance with regulations 8 and 9 of the General Administrative Regulations, 2013, and that the report includes the measures that the contractor intends to implement to ensure a safe construction site as far as is reasonably practicable.

(4) Where more than one principal contractor is appointed as contemplated in subregulation (1)(k), the client must take reasonable steps to ensure co-operation between all principal contactors and contractors in order to ensure compliance with these Regulations.

(5) Where a construction work permit is required as contemplated in regulation 3(1), the client must, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed.

(6) Where notification of construction work is required as contemplated in regulation 4(1), the client may, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed: Provided that, where the question arises as to whether an agent is necessary, the decision of an inspector is decisive.

(7) An agent contemplated in subregulations (5) and (6) must- (a) manage the health and safety on a construction project for the client; and (b) be registered with a statutory body approved by the Chief Inspector as qualified to perform the required functions; [Editor's note: Regulation 5(7)(b) will come into effect 18 months after the commencement of these Regulations. The effective date is thus 11 August 2015]

(8) When the chief inspector has approved a statutory body as contemplated in subregulation (7)(b), he or she must give notice of that approval in the Gazette.

Applicable Act: OHSA: GNR 84 - 07 February 2014, Construction Regulations

Specific Reference: OHSA: GNR 84 of 7/2/2014, regulation 6

(1) The designer of a structure must-

(a) ensure that the applicable safety standards incorporated into these Regulations under section 44 of the Act are complied with in the design;

(b) take into consideration the health and safety specification submitted by the client;

(c) before the contract is put out to tender, make available in a report to the client-

(i) all relevant health and safety information about the design of the relevant structure that may affect the pricing of the construction work;

(ii) the geotechnical-science aspects, where appropriate; and

(iii) the loading that the structure is designed to withstand;

(d) inform the client in writing of any known or anticipated dangers or hazards relating to the construction work, and make available all relevant information required for the safe execution of the work upon being designed or when the design is subsequently altered;

(e) refrain from including anything in the design of the structure necessitating the use of dangerous procedures or materials hazardous to the health and safety of persons, which can be avoided by modifying the design or by substituting materials;

(f) take into account the hazards relating to any subsequent maintenance of the relevant structure and must make provision in the design for that work to be performed to minimize the risk;

(g) when mandated by the client to do so, carry out the necessary inspections at appropriate stages to verify that the construction of the relevant structure is carried out in accordance with his design: Provided that if the designer is not so mandated, the client’s appointed agent in this regard is responsible to carry out such inspections;

(h) when mandated as contemplated in paragraph (g), stop any contractor from executing any construction work which is not in accordance with the relevant design’s health and safety aspects: Provided that if the designer is not so mandated, the client’s appointed agent in that regard must stop that contractor from executing that construction work;

(i) when mandated as contemplated in paragraph (g), in his or her final inspection of the completed structure in accordance with the National Building Regulations, include the health and safety aspects of the structure as far as reasonably practicable, declare the structure safe for use, and issue a completion certificate to the client and a copy thereof to the contractor; and

(j) during the design stage, take cognisance of ergonomic design principles in order to minimize ergonomic related hazards in all phases of the life cycle of a structure.

(2) The designer of temporary works must ensure that-

(a) all temporary works are adequately designed so that it will be capable of supporting all anticipated vertical and lateral loads that may be applied;

(b) the designs of temporary works are done with close reference to the structural design drawings issued by the contractor, and in the event of any uncertainty consult the contractor;

(c) all drawings and calculations pertaining to the design of temporary works are kept at the office of the temporary works designer and are made available on request by an inspector; and

(d) the loads caused by the temporary works and any imposed loads are clearly indicated in the design.

Applicable Act: OHSA: GNR 84 - 07 February 2014, Construction Regulations

Specific Reference: OHSA: GNR 84 of 7/2/2014, regulation 7

(1) A principal contractor must-

(a) provide and demonstrate to the client a suitable, sufficiently documented and coherent site specific health and safety plan, based on the client’s documented health and safety specifications contemplated in regulation 5(1)(b), which plan must be applied from the date of commencement of and for the duration of the construction work and which must be reviewed and updated by the principal contractor as work progresses;

(b) open and keep on site a health and safety file, which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client’s agent or a contractor; and

(c) on appointing any other contractor, in order to ensure compliance with the provisions of the Act-

(i) provide contractors who are tendering to perform construction work for the principal contractor, with the relevant sections of the health and safety specifications contemplated in regulation 5(1)(b) pertaining to the construction work which has to be performed;

(ii) ensure that potential contractors submitting tenders have made sufficient provision for health and safety measures during the construction process;

(iii) ensure that no contractor is appointed to perform construction work unless the principal contractor is reasonably satisfied that the contractor that he or she intends to appoint, has the necessary competencies and resources to perform the construction work safely;

(iv) ensure prior to work commencing on the site that every contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993;

(v) appoint each contractor in writing for the part of the project on the construction site;

(vi) take reasonable steps to ensure that each contractor’s health and safety plan contemplated in subregulation (2)(a) is implemented and maintained on the construction site;

(vii) ensure that the periodic site audits and document verification are conducted at intervals mutually agreed upon between the principal contractor and any contractor, but at least once every 30 days;

(viii) stop any contractor from executing construction work which is not in accordance with the client’s health and safety specifications and the principal contractor’s health and safety plan for the site or which poses a threat to the health and safety of persons;

(ix) where changes are brought about to the design and construction, make available sufficient health and safety information and appropriate resources to the contractor to execute the work safely; and

(x) discuss and negotiate with the contractor the contents of the health and safety plan contemplated in subregulation (2)(a), and must thereafter finally approve that plan for implementation;

(d) ensure that a copy of his or her health and safety plan contemplated in paragraph (a), as well as the contractor’s health and safety plan contemplated in subregulation (2)(a), is available on request to an employee, an inspector, a contractor, the client or the client’s agent;

(e) hand over a consolidated health and safety file to the client upon completion of the construction work and must, in addition to the documentation referred to in subregulation (2)(b), include a record of all drawings, designs, materials used and other similar information concerning the completed structure;

(f) in addition to the documentation required in the health and safety file in terms of paragraph (c)(v) and subregulation (2)(b), include and make available a comprehensive and updated list of all the contractors on site accountable to the principal contractor, the agreements between the parties and the type of work being done; and

(g) ensure that all his or her employees have a valid medical certificate of fitness specific to the construction work to be performed and issued by an occupational health practitioner in the form of Annexure 3.

(2) A contractor must prior to performing any construction work-

(a) provide and demonstrate to the principal contractor a suitable and sufficiently documented health and safety plan, based on the relevant sections of the client’s health and safety specification contemplated in regulation 5(1)(b) and provided by the principal contractor in terms of subregulation (1)(a), which plan must be applied from the date of commencement of and for the duration of the construction work and which must be reviewed and updated by the contractor as work progresses;

(b) open and keep on site a health and safety file, which must include all documentation required in terms of the Act and these Regulations, and which must be made available on request to an inspector, the client, the client’s agent or the principal contractor;

(c) before appointing another contractor to perform construction work be reasonably satisfied that the contractor that he or she intends to appoint has the necessary competencies and resources to perform the construction work safely;

(d) co-operate with the principal contractor as far as is necessary to enable each of them to comply with the provisions of the Act; and

(e) as far as is reasonably practicable, promptly provide the principal contractor with any information which might affect the health and safety of any person at work carrying out construction work on the site, any person who might be affected by the work of such a person at work, or which might justify a review of the health and safety plan.

(3) Where a contractor appoints another contractor to perform construction work, the duties determined in subregulation (1)(b) to (g) that apply to the principal contractor apply to the contractor as if he or she were the principal contractor.

(4) A principal contractor must take reasonable steps to ensure co-operation between all contractors appointed by the principal contractor to enable each of those contractors to comply with these Regulations.

(5) No contractor may allow or permit any employee or person to enter any site, unless that employee or person has undergone health and safety induction training pertaining to the hazards prevalent on the site at the time of entry.

(6) A contractor must ensure that all visitors to a construction site undergo health and safety induction pertaining to the hazards prevalent on the site and must ensure that such visitors have the necessary personal protective equipment.

(7) A contractor must at all times keep on his or her construction site records of the health and safety induction training contemplated in subregulation (6) and such records must be made available on request to an inspector, the client, the client’s agent or the principal contractor;.

(8) A contractor must ensure that all his or her employees have a valid medical certificate of fitness specific to the construction work to be performed and issued by an occupational health practitioner in the form of Annexure 3.

Applicable Act: OHSA: GNR 84 - 07 February 2014, Construction Regulations

Specific Reference: OHSA: GNR 84 of 7/2/2014, regulation 8

(1) A principal contractor must in writing appoint one full-time competent person as the construction manager with the duty of managing all the construction work on a single site, including the duty of ensuring occupational health and safety compliance, and in the absence of the construction manager an alternate must be appointed by the principal contractor.

(2) A principal contractor must upon having considered the size of the project, in writing appoint one or more assistant construction managers for different sections thereof: Provided that the designation of any such person does not relieve the construction manager of any personal accountability for failing in his or her management duties in terms of this regulation.

(3) Where the construction manager has not appointed assistant construction managers as contemplated in subregulation (2), or, in the opinion of an inspector, a sufficient number of such assistant construction managers have not been appointed, that inspector must direct the construction manager in writing to appoint the number of assistant construction managers indicated by the inspector, and those assistant construction managers must be regarded as having been appointed under subregulation (2).

(4) No construction manager appointed under subregulation (1) may manage any construction work on or in any construction site other than the site in respect of which he or she has been appointed.

(5) A contractor must, after consultation with the client and having considered the size of the project, the degree of danger likely to be encountered or the accumulation of hazards or risks on the site, appoint a full-time or part-time construction health and safety officer in writing to assist in the control of all health and safety related aspects on the site: Provided that, where the question arises as to whether a construction health and safety officer is necessary, the decision of an inspector is decisive.

(6) No contractor may appoint a construction health and safety officer to assist in the control of health and safety related aspects on the site unless he or she is reasonably satisfied that the construction health and safety officer that he or she intends to appoint is registered with a statutory body approved by the Chief Inspector and has necessary competencies and resources to assist the contractor

(7) A construction manager must in writing appoint construction supervisors responsible for construction activities and ensuring occupational health and safety compliance on the construction site.

(8) A contractor must, upon having considered the size of the project, in writing appoint one or more competent employees for different sections thereof to assist the construction supervisor contemplated in subregulation (7), and every such employee has, to the extent clearly defined by the contractor in the letter of appointment, the same duties as the construction supervisor: Provided that the designation of any such employee does not relieve the construction supervisor of any personal accountability for failing in his or her supervisory duties in terms of this regulation.

(9) Where the contractor has not appointed an employee as contemplated in subregulation (8), or, in the opinion of an inspector, a sufficient number of such employees have not been appointed, that inspector must instruct the employer to appoint the number of employees indicated by the inspector, and those employees must be regarded as having been appointed under subregulation (8).

(10) No construction supervisor appointed under subregulation (7) may supervise any construction work on or in any construction site other than the site in respect of which he or she has been appointed: Provided that if a sufficient number of competent employees have been appropriately designated under subregulation (7) on all the relevant construction sites, the appointed construction supervisor may supervise more than one site.

Applicable Act: OHSA: GNR 84 - 07 February 2014, Construction Regulations

Specific Reference: OHSA: GNR 84 of 7/2/2014, regulation 9

(1) A contractor must, before the commencement of any construction work and during such construction work, have risk assessments performed by a competent person appointed in writing, which risk assessments form part of the health and safety plan to be applied on the site, and must include-

(a) the identification of the risks and hazards to which persons may be exposed to;

(b) an analysis and evaluation of the risks and hazards identified based on a documented method;

(c) a documented plan and applicable safe work procedures to mitigate, reduce or control the risks and hazards that have been identified;

(d) a monitoring plan; and

(e) a review plan.

(2) A contractor must ensure that as far as is reasonably practicable, ergonomic related hazards are analyzed, evaluated and addressed in a risk assessment.

(3) A contractor must ensure that all employees under his or her control are informed, instructed and trained by a competent person regarding any hazard and the related work procedures and or control measures before any work commences, and thereafter at the times determined in the risk assessment monitoring and review plan of the relevant site.

(4) A principal contractor must ensure that all contractors are informed regarding any hazard that is stipulated in the risk assessment before any work commences, and thereafter at the times that may be determined in the risk assessment monitoring and review plan of the relevant site.

(5) A contractor must consult with the health and safety committee or, if no health and safety committee exists, with a representative trade union or representative group of employees, on the monitoring and review of the risk assessments of the relevant site.

(6) A contractor must ensure that copies of the risk assessments of the relevant site are available on site for inspection by an inspector, the client, the client’s agent, any contractor, any employee, a representative trade union, a health and safety representative or any member of the health and safety committee.

(7) A contractor must review the relevant risk assessment-

(a) where changes are effected to the design and or construction that result in a change to the risk profile; or

(b) when an incident has occurred.

Applicable Act: OHSA: GNR 84 - 07 February 2014, Construction Regulations

Specific Reference: OHSA: GNR 84 of 7/2/2014, regulation 11

(1) A contractor must ensure that-

(a) all reasonably practicable steps are taken to prevent the uncontrolled collapse of any new or existing structure or any part thereof, which may become unstable or is in a temporary state of weakness or instability due to the carrying out of construction work;

(b) no structure or part of a structure is loaded in a manner which would render it unsafe; and

(c) all drawings pertaining to the design of the relevant structure are kept on site and are available on request to an inspector, other contractors, the client and the client’s agent or employee.

(2) An owner of a structure must ensure that-

(a) inspections of that structure are carried out periodically by competent persons in order to render the structure safe for continued use;

(b) that the inspections contemplated in paragraph (a) are carried out at least once every six months for the first two years and thereafter yearly;

(c) the structure is maintained in such a manner that it remains safe for continued use;

(d) the records of inspections and maintenance are kept and made available on request to an inspector.

Applicable Act: OHSA: GNR 84 - 07 February 2014, Construction Regulations

Specific Reference: OHSA: GNR 84 of 7/2/2014, regulation 12

(1) A contractor must appoint a temporary works designer in writing to design, inspect and approve the erected temporary works on site before use.

(2) A contractor must ensure that all temporary works operations are carried out under the supervision of a competent person who has been appointed in writing for that purpose.

(3) A contractor must ensure that-

(a) all temporary works structures are adequately erected, supported, braced and maintained by a competent person so that they are capable of supporting all anticipated vertical and lateral loads that may be applied to them, and that no loads are imposed onto the structure that the structure is not designed to withstand;

(b) all temporary works structures are done with close reference to the structural design drawings, and where any uncertainty exists the structural designer should be consulted;

(c) detailed activity specific drawings pertaining to the design of temporary works structures are kept on the site and are available on request to an inspector, other contractors, the client, the client’s agent or any employee;

(d) all persons required to erect, move or dismantle temporary works structures are provided with adequate training and instruction to perform those operations safely;

(e) all equipment used in temporary works structure are carefully examined and checked for suitability by a competent person, before being used;

(f) all temporary works structures are inspected by a competent person immediately before, during and after the placement of concrete, after inclement weather or any other imposed load and at least on a daily basis until the temporary works structure has been removed and the results have been recorded in a register and made available on site;

(g) no person may cast concrete, until authorization in writing has been given by the competent person contemplated in paragraph (a);

(h) if, after erection, any temporary works structure is found to be damaged or weakened to such a degree that its integrity is affected, it is safely removed or reinforced immediately;

(i) adequate precautionary measures are taken in order to-

(i) secure any deck panels against displacement; and

(ii) prevent any person from slipping on temporary works due to the application of release agents;

(j) as far as is reasonably practicable, the health of any person is not affected through the use of solvents or oils or any other similar substances;

(k) upon casting concrete, the temporary works structure is left in place until the concrete has acquired sufficient strength to safely support its own weight and any imposed load, and is not removed until authorization in writing has been given by the competent person contemplated in paragraph (a);

(l) the foundation conditions are suitable to withstand the loads caused by the temporary works structure and any imposed load in accordance with the temporary works design.

(m) provision is made for safe access by means of secured ladders or staircases for all work to be carried out above the foundation bearing level;

(n) a temporary works drawing or any other relevant document includes construction sequences and methods statements;

(o) the temporary works designer has been issued with the latest revision of any relevant structural design drawing;

(p) a temporary works design and drawing is used only for its intended purpose and for a specific portion of a construction site; and

(q) the temporary works drawings are approved by the temporary works designer before the erection of any temporary works.

(4) No contractor may use a temporary works design and drawing for any work other than its intended purpose.

Applicable Act: Occupational Health and Safety Act, Act 85 of 1993

Specific Reference: MHSA, Sect 21

(1) Any person who -

(a) designs, manufactures, repairs, imports or supplies any article for use at a mine must ensure, as far as reasonably practicable -

(i) that the article is safe and without risk to health and safety when used properly; and

(ii) that it complies with all the requirements in terms of this Act;

(b) erects or installs any article for use at a mine must ensure, as far as reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health and safety when used properly; or

(c) designs, manufactures, erects or installs any article for use at a mine must ensure, as far as reasonably practicable, that ergonomic principles are considered and implemented during design, manufacture, erection or installation.

(2) Any person who bears a duty in terms of subsection (1) is relieved of that duty to the extent that is reasonable in the circumstances, if -

(a) that person designs, manufactures, repairs, imports or supplies an article for or to another person; and

(b) that other person provides a written undertaking to take specified steps sufficient to ensure, as far as reasonably practicable, that the article will be safe and without risk to health and safety when used properly and that it complies with all prescribed requirements.

(3) Any person who designs or constructs a building or structure, including a temporary structure, for use at a mine must ensure, as far as reasonably practicable, that the design or construction is safe and without risk to health and safety when used properly.

(4) Every person who manufactures, imports or supplies any hazardous substance for use at a mine must -

(a) ensure, as far as reasonably practicable, that the substance is safe and without risk to health and safety when used, handled, processed, stored or transported at a mine in accordance with the information provided in terms of paragraph (b);

(b) provide adequate information about -

(i) the use of the substance;

(ii) the risks to health and safety associated with the substance;

(iii) any restriction or control on the use, transport and storage of the substance, including but not limited to exposure limits;

(iv) the safety precautions to ensure that the substance is without risk to health or safety;

(v) the procedure to be followed in the case of an accident involving excessive exposure to the substance, or any other emergency involving the substance; and

(vi) the disposal of used containers in which the substance has been stored and any waste involving the substance; and

(c) ensure that the information provided in terms of paragraph (b) complies with the provisions of the Hazardous Substances Act, 1973 (Act No. 15 of 1973).

Specific Reference: OHSA, section 10

(1) Any person who designs, manufactures, imports, sells or supplies any article for use at work shall ensure, as far as is reasonably practicable, that the article is safe and without risks to health when properly used and that it complies with all prescribed requirements.

(2) Any person who erects or installs any article for use at work on or in any premises shall ensure, as far as is reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health when properly used.

(3) Any person who manufactures, imports, sells or supplies any substance for use at work shall -

(a) ensure, as far as is reasonably practicable, that the substance is safe and without risks to health when properly used; and

(b) take such steps as may be necessary to ensure that information is available with regard to the use of the substance at work, the risks to health and safety associated with such substance, the conditions necessary to ensure that the substance will be safe and without risks to health when properly used and the procedures to be followed in the case of an accident involving such substance.

(4) Where a person designs, manufactures, imports, sells or supplies an article or substance for or to another person and that other person undertakes in writing to take specified steps sufficient to ensure, as far as is reasonably practicable, that the article or substance will comply with all prescribed requirements and will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first mentioned person from the duty imposed upon him by this section to such an extent as may be reasonable having regard to the terms of the undertaking.

Applicable Act: Occupational Health and Safety Act, Act 85 of 1993

Specific Reference: OHSA, section 22

Subject to the provisions of section 10(4), if any requirement (including any health and safety standard) in respect of any article, substance, plant, machinery or health and safety equipment or for the use or application thereof has been prescribed, no person shall sell or market in any manner whatsoever such article, substance, plant, machinery or health and safety equipment unless it complies with that requirement.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 25

(1) Every mine with 20 or more employees must have a health and safety representative for each shift at each designated working place at the mine.

(2) Every mine with 100 or more employees must have one or more health and safety committees.

(3) A health and safety representative or a member of a health and safety committee does not incur any civil liability only because of doing or failing to do something which a health and safety representative or a member of a health and safety committee may do or is required to do in terms of this Act.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 33

(1) The employer of any mine in respect of which a health and safety committee must be established in terms of section 25 (2), must meet, within the prescribed period, with the representative trade union at the mine to enter into negotiations to conclude a collective agreement concerning -

(a) the number of health and safety committees to be established at the mine and the working places for which they will be responsible;

(b) the number of employer and employee representatives on the committees;

(c) the election and appointment of members of health and safety committees;

(d) the terms of office of members of the health and safety committee and the circumstances and the manner in which the members may be removed from office;

(e) the manner in which vacancies are to be filled;

(f) the circumstances and the manner in which meetings may be held;

(g) the facilities and assistance which must be provided to health and safety committees in terms of section 37 (a); and

(h) a procedure that provides for the conciliation and arbitration of disputes arising from the application or interpretation of the collective agreement or any provision of this Chapter.

(2) Before concluding a collective agreement referred to in subsection (1) with the representative trade union, the employer must consult on the matters referred to in that subsection with all other registered trade unions with members at that mine.

(3) A collective agreement referred to in subsection (1) may include two or more employers as parties to the agreement.

(4) To the extent that an agreement concluded in terms of subsection (1) deals with any matter regulated by this Chapter or by any regulation regarding any matter regulated by this Chapter, the provisions of this Chapter or such regulation do not apply.

(5) The provisions applicable to collective agreements in terms of the Labour Relations Act, read with the changes required by the context, apply to agreements concluded in terms of subsection (1).

(6) If there is no representative trade union at the mine, the employer must consult, within the prescribed period, with the registered trade unions with members at the mine on the matters referred to in subsection (1).

(7) If there is no registered trade union with members at the mine, the employer must, within the prescribed period, consult with the employees or any elected representatives of the employees on the matters referred to in subsection (1).

(8) The negotiations and consultations referred to in this section may be held at the same time as those referred to in section 26.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA, Reg 6.1

(1) The owner of a mine required to enter into negotiations in terms of sections 26 (1) and 33 (1), must commence negotiations within one month of the obligation to do so arising.

(2) The manager of a mine required to enter into consultations in terms of sections 26 (6) or (7) and 33 (6) or (7), must commence consultations within one month of the obligation to do so arising.

(3) If no collective agreement is concluded on the number of full-time health and safety representatives within three months of negotiations commencing in terms of regulation

6.1 (1), any party to a dispute in terms of section 26 (8) (a) may refer the dispute to the Commission.

(4) If no agreement is concluded on the number of full-time health and safety representatives within three months of consultations commencing in terms of regulation 6.1 (2), any party to a dispute in terms of section 26 (8) (b) may refer the dispute to the Commission.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA, Reg 6.2

If a collective agreement dealing with the election of health and safety representatives, full-time health and safety representatives or employee representatives on health and safety committees is concluded in terms of Chapter 3 of this Act, the regulations in this Chapter dealing with such election do not apply.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA, Reg 6.11

(1) The period of office of any health and safety representative or employee representative on a health and safety committee is three years.

(2) Despite regulation 6.11 (1) the health and safety committee may determine shorter periods of office for -

(a) health and safety representatives;

(b) full-time health and safety representatives; and

(c) employee representatives on a health and safety committee.

(3) Every health and safety representative and employee representative on a health and safety committee may be reappointed in accordance with the provisions of these regulations after the expiry of their periods of office.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA, Reg 6.12

(1) A health and safety representative must vacate office on expiry of that representative’s period of office or if -

(a) the representative -

(i) no longer satisfies the qualifications contemplated in section 28 (1); or

(ii) resigns as a health and safety representative; or

(b) so required in writing on the grounds that the representative has not properly performed the functions of a health and safety representative by -

(i) at least 50% of the employee representatives on the health and safety committee; or

(ii) at least 50% of the employees who work on the same shift at the designated working place as the health and safety representative.

(2) A full-time health and safety representative must vacate office on expiry of that representative’s period of office or if -

(a) the representative -

(i) no longer satisfies the qualifications contemplated in section 28 (2); or

(ii) resigns as full-time health and safety representative; or

(b) so required in writing on the grounds that the representative has not properly performed the functions of a full-time health and safety representative by -

(i) at least 50% of the employee representatives on the health and safety committee; or

(ii) at least 50% of the employees.

(3) The manager must within 7 days from the time when a health and safety representative must vacate office in terms of regulation 6.12 (1) or (2), terminate the health and safety representative’s appointment and in writing notify the health and safety representative of it.

(4) A vacancy contemplated in regulation 6.12 (1) or (2) must be filled by a health and safety representative elected in a by-election held in terms of regulation 6.7 or 6.8, as the case may be.

(5) An employee representative on a health and safety committee must vacate office on the committee on expiry of such representative’s period of office of it that representative -

(a) is removed from office by a majority vote of employee representatives on the health and safety committee on grounds that the representative has not properly performed the functions of an employee representative on the health and safety committee; or

(b) resigns as employee representative on the health and safety committee.

(6) A vacancy contemplated in regulation 6.12 (5) must be filled by an employee appointed in terms of regulation 6.10. [Chapter 6 substituted by GN R846/97]

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 34

(1) If a collective agreement is concluded in terms of section 33 (1), health and safety committees must be established in terms of that agreement.

(2) If no collective agreement is concluded in terms of section 33 (1), the employer must establish health and safety committees after the consultation referred to in section 33 (6) or (7) and in accordance with this section and the regulations.

(3) A health and safety committee must consist of -

(a) at least four employee representatives; and

(b) a number of employer representatives equal to or less than the number of employee representatives.

(4) The health and safety representatives must appoint the employee representatives on the health and safety committee. The employee representatives must be -

(a) broadly representative of the working places at the mine; and

(b) employees at that mine.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 35

(1) The employee and employer representatives on a health and safety committee must each elect a chairperson from their number. Unless otherwise agreed by the committee, the two chairpersons must alternate as the presiding chairperson of the committee.

(2) Unless otherwise agreed by a health and safety committee, the committee must meet at least once a month.

(3) A health and safety committee may determine its own rules and procedures.

(4) Persons other than employee or employer representatives may be invited to attend meetings of the health and safety committee and to participate in its proceedings.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 36

(1) A health and safety committee may -

(a) represent employees on all aspects of health and safety;

(b) participate in consultations on any health and safety matter listed in the Schedule referred to in section 97 (2);

(c) request the Chief Inspector of Mines to review any code of practice;

(d) request relevant information from any person who is required, in terms of this Act, to provide that information to the committee;

(e) agree on additional qualifications or functions of health and safety representatives;

(f) request -

(i) an inspector to conduct an investigation in terms of section 60; or

(ii) the Chief Inspector of Mines to conduct an inquiry in terms of section 65;

(g) with the approval of the employer, be assisted by or consult an adviser or a technical expert who may be either another employee or any other person;

(h) take reasonable time to prepare for each meeting of the committee; and

(i) take reasonable time to report on meetings of the committee to the health and safety representatives at the mine.

(2) No employer may unreasonably withhold the approval required in terms of subsection (1) (g).

(3) Members of health and safety committees are entitled to perform their functions and to receive training during ordinary working hours.

(4) Any time reasonably spent by a member of a health and safety committee for a purpose referred to in subsection (3) must be considered for all purposes to be time spent carrying out the employment duties of that member.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 25

(1) Every mine with 20 or more employees must have a health and safety representative for each shift at each designated working place at the mine.

(2) Every mine with 100 or more employees must have one or more health and safety committees.

(3) A health and safety representative or a member of a health and safety committee does not incur any civil liability only because of doing or failing to do something which a health and safety representative or a member of a health and safety committee may do or is required to do in terms of this Act.

Specific Reference: MHSA, Schedule 1

1. Introduction

(1) This Schedule contains guidelines for determining the number of full-time health and safety representatives.

(2) This Act places the highest value on agreement. The parties referred to in section 26 must refer to this Schedule, using its guidelines in a manner that best suits the particular mine.

(3) If agreement is not reached, the Commissioner appointed by the Commission must refer to this Schedule, using its guidelines in a manner that best suits the particular mine.

2. Minimum Threshold

(1) There should be a full-time health and safety representative in every mine that requires the use of a full-time health and safety representative, taking into account -

(a) the volume, size and physical location of the mine;

(b) the health and safety record of the mine;

(c) the number of designated working places; and

(d) the objects of this Act.

(2) The guidelines as to the size of the mine that should have a full-time health and safety representative is a mine with 500 employees.

3. Number of Full-time Health and Safety Representatives

(1) The formula for determining the number of full-time health and safety representatives should take into account -

(a) the nature, size and physical location of the mine;

(b) the health and safety record of the mine;

(c) the number of designated working places;

(d) the number of health and safety representatives;

(e) the number of shafts and the number of employees at the shaft; and

(f) the objects of this Act.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 26

(1) The employer of any mine where there must be a health and safety representative in terms of section 25 must meet, within the prescribed period, with the representative trade union of the mine to enter into negotiations to conclude a collective agreement concerning -

(a) the designation of working places;

(b) the number of full-time health and safety representatives;

(c) the election or appointment of health and safety representatives;

(d) the terms of office of health and safety representatives and the circumstances and the manner in which they may be removed from office;

(e) the manner in which vacancies are to be filled;

(f) the manner in which health and safety representatives must perform their functions in terms of this Act;

(g) the procedures for the effective exercise of the right to withdraw from serious danger in terms ofsection 23;

(h) circumstances and the manner in which meetings referred to in sections 30 (1) (i) and 31 (2) must be held;

(i) the facilities and assistance that must be provided to health and safety representatives in terms of section 31 (3);

(j) the training of health and safety representatives;

(k) a procedure that provides for the conciliation and arbitration of disputes arising from the application or the interpretation of the collective agreement or any provision of this Chapter;

(l) any prescribed matter; and

(m) any other matter which the parties believe will promote health and safety at the mine or mines concerned.

(2) Before concluding a collective agreement referred to in subsection (1) with the representative trade union, the employer must consult on the matters referred to in that subsection with all other registered trade unions with members at that mine.

(3) A collective agreement referred to in subsection (1) may include two or more employers as parties to the agreement.

(4) To the extent that an agreement concluded in terms of subsection (1) deals with any matter regulated by this Chapter or by any regulation regarding any matter regulated by this Chapter, the provisions of this Chapter or such regulation do not apply.

(5) The provisions applicable to collective agreements in terms of the Labour Relations Act, read with the changes required by the context, apply to agreements concluded in terms of subsection (1)."

(6) If there is no representative trade union at the mine, the employer must within the prescribed period -

(a) consult with the registered trade unions with members at the mine on the matters referred to in subsection (1); and

(b) endeavour to reach agreement on the number of full-time health and safety representatives at the mine.

(7) If there is no registered trade union with members at the mine, the employer must, within the prescribed period -

(a) consult with the employees or any elected representative of the employees on the matters referred to in subsection (1); and

(b) endeavour to reach agreement on the number of full-time health and safety representatives at the mine.

(8) A dispute exists if either -

(a) no collective agreement in terms of subsection (1) is concluded on the number of full-time health and safety representatives at a mine; or

(b) no agreement is reached in terms of either subsection (6) (b) or (7) (b).

(9) When a dispute exists in terms of subsection (8), any party to the dispute may refer it to the Commission.

(10) When a dispute is referred to the Commission under subsection (9), the Commission must attempt to resolve it through conciliation.

(11) If a dispute remains unresolved, any party to the dispute may request that it be resolved through arbitration, in which case the Commission, taking into account the guidelines in Schedule 1, must determine the number of full-time health and safety representatives.

(12) Nothing in this section precludes the employer from consulting with any employee who is not a member of a registered trade union or any representative of those employees concerning the matters referred to in subsection (1).

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA, Reg 6.1

(1) The owner of a mine required to enter into negotiations in terms of sections 26 (1) and 33 (1), must commence negotiations within one month of the obligation to do so arising.

(2) The manager of a mine required to enter into consultations in terms of sections 26 (6) or (7) and 33 (6) or (7), must commence consultations within one month of the obligation to do so arising.

(3) If no collective agreement is concluded on the number of full-time health and safety representatives within three months of negotiations commencing in terms of regulation 6.1 (1), any party to a dispute in terms of section 26 (8) (a) may refer the dispute to the Commission.

(4) If no agreement is concluded on the number of full-time health and safety representatives within three months of consultations commencing in terms of regulation 6.1 (2), any party to a dispute in terms of section 26 (8) (b) may refer the dispute to the Commission.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA, Reg 6.2

If a collective agreement dealing with the election of health and safety representatives, full-time health and safety representatives or employee representatives on health and safety committees is concluded in terms of Chapter 3 of this Act, the regulations in this Chapter dealing with such election do not apply.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA, Reg 6.11

(1) The period of office of any health and safety representative or employee representative on a health and safety committee is three years.

(2) Despite regulation 6.11 (1) the health and safety committee may determine shorter periods of office for -

(a) health and safety representatives;

(b) full-time health and safety representatives; and

(c) employee representatives on a health and safety committee.

(3) Every health and safety representative and employee representative on a health and safety committee may be reappointed in accordance with the provisions of these regulations after the expiry of their periods of office.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MH&SA, Reg 6.12

(1) A health and safety representative must vacate office on expiry of that representative’s period of office or if -

(a) the representative -

(i) no longer satisfies the qualifications contemplated in section 28 (1); or

(ii) resigns as a health and safety representative; or

(b) so required in writing on the grounds that the representative has not properly performed the functions of a health and safety representative by -

(i) at least 50% of the employee representatives on the health and safety committee; or

(ii) at least 50% of the employees who work on the same shift at the designated working place as the health and safety representative.

(2) A full-time health and safety representative must vacate office on expiry of that representative’s period of office or if -

(a) the representative -

(i) no longer satisfies the qualifications contemplated in section 28 (2); or

(ii) resigns as full-time health and safety representative; or

(b) so required in writing on the grounds that the representative has not properly performed the functions of a full-time health and safety representative by -

(i) at least 50% of the employee representatives on the health and safety committee; or

(ii) at least 50% of the employees.

(3) The manager must within 7 days from the time when a health and safety representative must vacate office in terms of regulation 6.12 (1) or (2), terminate the health and safety representative’s appointment and in writing notify the health and safety representative of it.

(4) A vacancy contemplated in regulation 6.12 (1) or (2) must be filled by a health and safety representative elected in a by-election held in terms of regulation 6.7 or 6.8, as the case may be.

(5) An employee representative on a health and safety committee must vacate office on the committee on expiry of such representative’s period of office of it that representative -

(a) is removed from office by a majority vote of employee representatives on the health and safety committee on grounds that the representative has not properly performed the functions of an employee representative on the health and safety committee; or

(b) resigns as employee representative on the health and safety committee.

(6) A vacancy contemplated in regulation 6.12 (5) must be filled by an employee appointed in terms of regulation 6.10. [Chapter 6 substituted by GN R846/97]

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 27

(1) If a collective agreement is concluded after the negotiations and consultations referred to in section 26, the employer must designate working places at the mine in accordance with that agreement.

(2) If no collective agreement is concluded after the negotiations and consultations referred to in section 26, the employer must designate working places at the mine so that -

(a) every working place at the mine is designated;

(b) no health and safety representative is responsible for more than 100 employees; and

(c) no health and safety representative is responsible for more than 50 employees if the designated working place includes separate working places.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 28

(1) To qualify to serve as a health and safety representative referred to in section 25 (1), an employee must -

(a) be employed in a full-time capacity in the designated working place; and

(b) be acquainted with conditions and activities at the designated working place.

(2) To qualify to serve as a full-time health and safety representative an employee must -

(a) be employed in full-time capacity at the mine;

(b) comply with any other qualifications which may be -

(i) agreed by a health and safety committee; or

(ii) prescribed.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 29

(1) At a mine referred to in section 25 (1), the employees in a designated working place may elect from among themselves health and safety representatives.

(2) The employees at the mine may elect from among themselves any full-time health and safety representatives that may be agreed or determined in terms of section 26.

(3) The elections referred to in subsections (1) and (2) must be conducted in the prescribed manner.

(4) The employees elected as representatives in terms of this section must be appointed by the employer in the prescribed manner.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 30

(1) A health and safety representative may -

(a) represent employees on all aspects of health and safety;

(b) direct any employee to leave any working place whenever circumstances arise at that working place which, with reasonable justification, appears to the health and safety representative to pose a serious danger to the health or safety of that employee;

(c) assist any employee who has left a working place in terms of section 23;

(d) identify potential hazards and risks to health or safety;

(e) make representations or recommendations to the employer or to a health and safety committee on any matter affecting the health or safety of employees;

(f) inspect any relevant document which must be kept in terms of this Act;

(g) request relevant information and reports from an inspector;

(h) with the approval of the employer, be assisted by or consult an adviser or technical expert who may be either another employee or any other person;

(i) attend any meeting of a health and safety committee -

(i) of which that representative is a member; or

(ii) which will consider a representation or recommendation made by that representative;

(j) request -

(i) an inspector to conduct an investigation in terms of section 60; or

(ii) the Chief Inspector of Mines to conduct an inquiry in terms of section 65;

(k) participate in consultations on health and safety with -

(i) the employer or person acting on behalf of the employer; or

(ii) an inspector;

(l) participate in any health and safety inspection by -

(i) the employer or person acting on behalf of an employer; or

(ii) an inspector;

(m) inspect working places with regard to the health and safety of employees at intervals agreed with the employer;

(n) participate in any internal health or safety audit;

(o) investigate complaints by any employee relating to health and safety at work;

(p) examine the causes of accidents and other dangerous occurrences in collaboration with the employer or person acting on behalf of the employer;

(q) visit the site of an accident or dangerous occurrence at any reasonable time;

(r) attend a post-accident inspection;

(s) co-operate with the employer in the conducting of investigations in terms of section 11 (5);

(t) participate in an inquiry held in terms of section 65; and

(u) perform the functions -

(i) agreed by the health and safety committee; or

(ii) prescribed

(2) The rights and powers referred to in subsection (1) apply to health and safety representatives referred to in section 25 (1) only in respect of the working places for which they are responsible.

(3) If a health and safety representative requests information or reports under subsection (1) (g), the inspector must supply the representative with the information or reports in their possession.

(4) An employer may not unreasonably withhold the approval required in terms of subsection (1) (h).

(5) A health and safety representative intending to exercise the right to inspect working places under subsection (1) (m) must -

(a) give the employer reasonable notice of the inspection; and

(b) permit the employer to participate in the inspection.

(6) Health and safety representatives are entitled to perform their functions and to receive training during ordinary working hours.

(7) Any time reasonably spent by a health and safety representative for a purpose referred to in subsection (6) must be considered for all purposes to be time spent carrying out the employment duties of that representative.

Applicable Act: Occupational Health and Safety Act, Act 85 of 1993

Specific Reference: OHSA, section 17

(1) Subject to the provisions of subsection

(2), every employer who has more than 20 employees in his employment at any workplace, shall, within four months after the commencement of this Act or after commencing business, or from such time as the number of employees exceeds 20, as the case may be, designate in writing for a specified period health and safety representatives for such workplace, or for different sections thereof. (2) An employer and the representatives of his employees recognized by him or, where there are no such representatives, the employees shall consult in good faith regarding the arrangements and procedures for the nomination or election, period of office and subsequent designation of health and safety representatives in terms of subsection (1): Provided that if such consultation fails, the matter shall be referred for arbitration to a person mutually agreed upon, whose decision shall be final: Provided further that if the parties do not agree within 14 days on an arbitrator, the employer shall give notice to this effect in writing to the President of the Industrial Court, who shall in consultation with the chief inspector designate an arbitrator, whose decision shall be final.

(3) Arbitration in terms of subsection (2) shall not be subject to the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965), and a failure of the consultation contemplated in that subsection shall not be deemed to be a dispute in terms of the Labour Relations Act, 1956 (Act No. 28 of 1956): Provided that the Minister may prescribe the manner of arbitration and the remuneration of the arbitrator designated by the President of the Industrial Court.

(4) Only those employees employed in a full-time capacity at a specific workplace and who are acquainted with conditions and activities at that workplace or section thereof, as the case may be, shall be eligible for designation as health and safety representatives for that workplace or section.

(5) The number of health and safety representatives for a workplace or section thereof shall in the case of shops and offices be at least one health and safety representative for every 100 employees or part thereof, and in the case of all other workplaces at least one health and safety representative for every 50 employees or part thereof: Provided that those employees performing work at a workplace other than that where they ordinarily report for duty, shall be deemed to be working at the workplace where they so report for duty.

(6) If an inspector is of the opinion that the number of health and safety representatives for any workplace or section thereof, including a workplace or section with 20 or fewer employees, is inadequate, he may by notice in writing direct the employer to designate such number of employees as the inspector may determine as health and safety representatives for that workplace or section thereof in accordance with the arrangements and procedures referred to in subsection (2).

(7) All activities in connection with the designation, functions and training of health and safety representatives shall be performed during ordinary working hours, and any time reasonably spent by any employee in this regard shall for all purposes be deemed to be time spent by him in the carrying out of his duties as an employee.

Applicable Act: Occupational Health and Safety Act, Act 85 of 1993

Specific reference: OHSA, section 18

(1) A health and safety representative may perform the following functions in respect of the workplace or section of the workplace for which he has been designated, namely -

(a) review the effectiveness of health and safety measures;

(b) identify potential hazards and potential major incidents at the workplace;

(c) in collaboration with his employer, examine the causes of incidents at the workplace;

(d) investigate complaints by any employee relating to that employee’s health or safety at work;

(e) make representations to the employer or a health and safety committee on matters arising from paragraphs (a), (b), (c) or (d), or where such representations are unsuccessful, to an inspector;

(f) make representations to the employer on general matters affecting the health or safety of the employees at the workplace;

(g) inspect the workplace, including any article, substance, plant, machinery or health and safety equipment at that workplace with a view to the health and safety of employees, at such intervals as may be agreed upon with the employer: Provided that the health and safety representative shall give reasonable notice of his intention to carry out such an inspection to the employer, who may be present during the inspection;

(h) participate in consultations with inspectors at the workplace and accompany inspectors on inspections of the workplace;

(i) receive information from inspectors as contemplated in section 36; and

(j) in his capacity as a health and safety representative attend meetings of the health and safety committee of which he is a member, in connection with any of the above functions.

(2) A health and safety representative shall, in respect of the workplace or section of the workplace for which he has been designated be entitled to -

(a) visit the site of an incident at all reasonable times and attend any inspection in loco;

(b) attend any investigation or formal inquiry held in terms of this Act;

(c) in so far as it is reasonably necessary for performing his functions, inspect any document which the employer is required to keep in terms of this Act;

(d) accompany an inspector on any inspection;

(e) with the approval of the employer (which approval shall not be unreasonably withheld), be accompanied by a technical adviser, on any inspection; and

(f) participate in any internal health or safety audit.

(3) An employer shall provide such facilities, assistance and training as a health and safety representative may reasonably require and as have been agreed upon for the carrying out of his functions.

(4) A health and safety representative shall not incur any civil liability by reason of the fact only that he failed to do anything which he may do or is required to do in terms of this Act.

Applicable Act: Occupational Health and Safety Act, Act 85 of 1993

Specific Reference: OHSA, GNR 929 of 25/6/2003 - General Administrative Regulations , section 6

(1) The employer shall, in any workplace where there must be a health and safety representative in terms ofsection 17(1) of the Act and within four months after the commencement of these regulations or after commencing business, meet with the registered trade unions of that workplace in order to consult or bargain in good faith and conclude an agreement concerning the-

(a) nomination or election of health and safety representatives;

(b) terms of office of health and safety representatives and the circumstances and the prescribed manner in which they may be removed as health and safety representatives;

(c) manner in which vacancies are to be filled;

(d) manner in which health and safety representatives must perform their functions in terms of the Act; and

(e) facilities, training and assistance that must be provided to a health and safety representative in terms ofsection 18(3) of the Act; Provided that, where there is no registered trade union, the employer shall enter into consultation with all employee representatives in that workplace in order to conclude an agreement with regard to subregulation (1).

(2) An agreement referred to in subregulation (1) may include two or more employers as parties to the agreement.

(3) The conditions applicable to collective agreements in terms of the Labour Relations Act, read with the changes required by the context, shall apply to agreements concluded in terms of subregulation (1).

(4) A dispute shall exist if no agreement in terms of subregulation (1) is concluded on the arrangement and procedures for the nomination and the election of health and safety representatives at a workplace.

(5) If a dispute exists in terms of subregulation (4), any party to the dispute may refer the dispute to the CCMA or Bargaining Council.

(6) If a dispute is referred to the CCMA or Bargaining Council under subregulation (5), the CCMA shall attempt to resolve it through conciliation.

(7) If a dispute remains unresolved, any party to the dispute may request that it be resolved through arbitration, in which case the CCMA shall, taking into account the objectives of the Act and the proposals of the parties, determine the arrangement and procedures for the nomination or the election of the health and safety representatives.

Applicable Act: Occupational Health and Safety Act, Act 85 of 1993

Specific Reference: OHSA, GNR 929 of 25/6/2003 - General Administrative Regulations , section 7

An employer shall ensure that the designation of health and safety representatives is in accordance with the agreement contemplated in regulation 6.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 10.1

(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.

Specific Reference: MHSA, Reg 10.1

(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.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 23.1

"The employer must report to the Principal Inspector of Mines in the manner prescribed in this chapter any accident at the mine that results in: (a) the death of any employee; (b) an injury, to any employee, likely to be fatal; (c) unconsciousness, incapacitation from heatstroke or heat exhaustion, oxygen deficiency, the inhalation of fumes or poisonous gas, or electric shock or electric bum accidents of or by any employee and which is not reportable in terms of paragraph (d). (d) an injury which either incapacitates the injured employee from performing that employee’s normal or a similar occupation for a period totaling 14 days or more, or which causes the injured employee to suffer the loss of a joint, or a part of a joint, or sustain a permanent disability, (e) an injury, other than injuries referred to in paragraph (d), which incapacitates the injured employee from performing that employee’s tiormal or a similar occupation on the next calendar day"

Specific Reference: MHSA, Reg 23.2

(1) An accident referred to in paragraph (a), (b) or (c) of regulation 23.1 must be reported immediately by the quickest means available and must be confirmed without delay on Forms SAMRASS 1 and 2 prescribed in Chapter 21. (2) An accident referred to in paragraph (d) of regulation 23.1 must, after the accident becomes reportable, be reported within three days on Forms SAMRASS 1 and 2 prescribed in Chapter 21. (3) The Form SAMRASS 9 must be submitted on a monthly basis for all persons not having returned to work at the time of submitting SAMRASS 2 on a monthly basis. (4) An accident referred to in paragraph (e) of regulation 23.1 must be reported without delay on a monthly basis, on Form SAMRASS 4 prescribed in Chapter 21

Specific Reference: MHSA, Reg 23.3

"(1) Where the death of an employee, referred to in regulation 23.1(a) is related to a rockburst or fall of ground, the duly completed Form SAMRASS 3, prescribed in Chapter 21, for such rockburst or fall of ground must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such death. (2) When an injury results in the death of the injured employee after the report in terms of regulation 23.1 (b), (c), (d) or (e) has been given or when a slight injury, which was not reportable, results in the death of the injured employee, or when general sepsis or tetanus develops as a result of an injury, the employer must immediately report it to the Principal Inspector of Mines and without delay submit amended Form SAMRASS 1 prescribed in Chapter 21. (3) Where the injury of a person referred to in regulation 23 (1) or a dangerous occurrence referred to in regulation 23.4 (o), is related to the use of explosives, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 5, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence. (4) Where the injury of a person referred to in regulation 23 (1) or a dangerous occurrence referred to in regulation 23.4 (f ) is related to fires, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 6, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence. (6) Where the injury of a person referred to in regulation 23 (1) is related to heat stroke or heat exhaustion, in addition to Form SAMRASS 1, the duly completed Form SAMRASS 8, prescribed in Chapter 21, must be forwarded by the employer to the Principal Inspector of Mines within 14 days of such occurrence."

Useful Links: SAMRASS Forms

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 23.4

"The employer must report to the Principal Inspector of Mines in the manner prescribed in this Chapter any of the following dangerous occurrences at the mine (a) Rockbursts and Falls of Ground An extensive rockburst or fall of ground causing the following damage underground - (i) At least 10 linear metres of working face has been severely damaged and choked and will require re-establishment and re-supporting, or be abandoned; (ii) At least 25m2 of working area has been severely damaged and choked rendering support units ineffectual and will have to be re-established and re-supported or be abandoned; (iii) At least 10 linear metres of gully has been restricted with rock clearly recently displaced from the hanging wall and gully sidewalls; (iv) At least 10 linear metres continuous or 30 linear metres cumulative of access ways of tunnel or travelling way has been severely damaged and will require rehabilitation or be abandoned; (v) At least 10 m2 of roof or 5m3 of rock has been displaced from the roof of the mining cavity or excavation; (vi) At least 10m3 of rock has been freshly displaced from pillars or tunnel sidewalls. (b) Caving Any unplanned or uncontrolled caving, side wall or slope failure or subsidence in the ground or workings, causing damage to the surface, which may pose a significant risk to the safety of persons at a mine. (c) Flow of Water, Broken Rock, Mud or Slimes Any unplanned or uncontrolled flow of water, broken rock, mud or slimes at the mine which may pose a significant risk to the safety of persons. [Para. (c) substituted by GN 783/2004] (d) Breakdown of Main Ventilation Fan Breakdown of any main ventilation fan. (e) Power Failure Any power failure occurring in the underground workings of a mine, which poses a significant risk to the health, or safety of persons at a mine. (f) Fires and Explosions Any ignition or explosion of gas or dust, or any fire related to mining activities or any indication or recrudescence of fire or spontaneous combustion at or in a mine. (g) Flammable Gas The presence of flammable gas exceeding one comma four parts per hundred by volume in the general atmosphere at a mine, or any portion of a mine: (i) if such flammable gas is detected for the first time; or (ii) the first time such flammable gas is again detected after not having been detected therein for a continuous period of three months. (k) Emergency or Rescue Procedures (i) Any failure of breathing apparatus whilst deployed. (ii) The use of emergency escape apparatus, procedures or rescue mechanisms, or the rescue from entrapment, associated with mining or related activities, of any employee. (l) Self Propelled Mobile Machinery Any self-propelled mobile machine running out of control which may pose significant risk to the safety of persons at a mine. (m) Boilers and Pressure Vessels Fracture or failure of any part of a boiler or safety device of a boiler or pressure vessel which may have endangered persons. (n) Chairlifts (i) Fracture or failure of any part or safety device of a chairlift installation which may have endangered persons or may have caused damage to such chairlift installation. (ii) Fracture or failure of any essential part of the driving machinery. (iii) Fracture failure or serious distortion of any rope or chain forming part of a chairlift installation. (o) Explosives (i) Any unauthorised or accidental ignition or detonation of explosives. (ii) Any exposure of persons to blasting fumes which is not reportable in terms of regulation 23.1. (iii) Any detonation of explosives which may pose a significant risk to the safety of persons."

Specific Reference: MHSA, Reg 23.5

A dangerous occurrence referred to in regulation 23.4 must be reported immediately by the quickest means available and must be confirmed without delay on Form SAMRASS 1 prescribed in Chapter 21

Specific Reference: MHSA, Reg 23.6

Every employer must ensure that a system is in place whereby the employer is informed, as soon as is practicable after its occurrence, of any accident or dangerous occurrence, which is reportable in terms of this Chapter

Specific Reference: MHSA, Reg 23.7

(i) Every employer must keep and maintain a record in which the particulars of all accidents and dangerous occurrences, which are required to be reported in terms of this Chapter, must be recorded without delay. (ii) The record contemplated in Regulation 23.7(i) in respect of all accidents or dangerous occurrences must be kept and maintained for two years from the time that the accident or dangerous occurrence becomes reportable.

Useful Links: SAMRASS Forms

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: NEMA, section 30

"Environmental incidents must be reported to the authorities. NEMA defines ""incident"" to means an ""unexpected, sudden and uncontrolled release of a hazardous substance, including from a major emission, fire or explosion, that causes, has caused or may cause significant harm to the environment, human life or property"" The person responsible for the incident, the owner of a hazardous substance that was involved in the incident, or the person who was in control of any hazardous substance involved in the incident at the time of the incident must report the incident to immediately after knowledge of the incident to the Director General, the South African Police Services and the relevant fire prevention service, the relevant provincial head of department or municipality, and all persons whose health may be affected by the incident. The responsible person must also take reasonable measures to contain and minimise the effects of the incident on the environment. "

Specific Reference: NWA, section 20

"Section 20 of the NWA deals with pollution of water resources following an emergency incident, such as an accident involving the spilling of a harmful substance that finds or may find its way into a water resource. Any person responsible for, involved in, or who has knowledge of any incident in which a substance has polluted, or has a detrimental effect, on a water resource must, as soon as reasonably practicable after obtaining knowledge of the incident, report it to DWS, the SAPS or the relevant fire department or the relevant catchment management agency. The responsible person is required to take all reasonable measures to contain and minimise the effects of the incident, undertake clean-up procedures, remedy the effects of the incident and take such measures as the catchment management agency may direct. "

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 8

(1) Every employer must prepare a document that -

(a) describes the organisation of work;

(b) establishes a policy concerning the protection of employees’ health and safety at work;

(c) establishes a policy concerning the protection of persons who are not employees but who may be directly affected by the activities at the mine; and [Para. (c) substituted by s. 8 of Act 72/97]

(d) outlines the arrangements for carrying out and reviewing policies.

(2) The employer must consult with the health and safety committee on the preparation or revision of the document and policies referred to in subsection (1).

(3) The employer must -

(a) prominently and conspicuously display a copy of the document referred to in subsection (1) for employees to read; and

(b) give each health and safety representative a copy of the document.

Useful Links: Integrated SHE policy

Applicable Act: Animal Protection Act , 71 of 1962

2.Offences in respect of animals

(1) Any person who -

(a) overloads, overdrives, overrides, ill-treats, neglects, infuriates, tortures or maims or cruelly beats, kicks, goads or terrifies any animal; or

[Para. (a) substituted by s. 13 of Act 7/91]

(b) confines, chains, tethers or secures any animal unnecessarily or under such conditions or in such a manner or position as to cause that animal unnecessary suffering or in any place which affords inadequate space, ventilation, light, protection or shelter from heat, cold or weather; or

(c) unnecessarily starves or under-feeds or denies water or food to any animal; or

(d) lays or exposes any poison or any poisoned fluid or edible matter or infectious agents except for the destruction of vermin or marauding domestic animals or without taking reasonable precautions to prevent injury or disease being caused to animals; or

(e) being the owner of any animal, deliberately or negligently keeps such animal in a dirty or parasitic condition or allows it to become infested with external parasites or fails to render or procure veterinary or other medical treatment or attention which he is able to render or procure for any such animal in need of such treatment or attention, whether through disease, injury, delivery of young or any other cause, or fails to destroy or cause to be destroyed any such animal which is so seriously injured or diseased or in such a physical condition that to prolong its life would be cruel and would cause such animal unnecessary suffering; or

(f) uses on or attaches to any animal any equipment, appliance or vehicle which causes or will cause injury to such animal or which is loaded, used or attached in such a manner as will cause such animal to be injured or to become diseased or to suffer unnecessarily; or

(g) save for the purpose of training hounds maintained by a duly established and registered vermin club in the destruction of vermin, liberates any animal in such manner or place as to expose it to immediate attack or danger of attack by other animals or by wild animals, or baits or provokes any animal or incites any animal to attack another animal; or

(h) liberates any bird in such manner as to expose it to immediate attack or danger of attack by animals, wild animals or wild birds; or

(i) drives or uses any animal which is so diseased or so injured or in such a physical condition that it is unfit to be driven or to do any work; or

(j) lays any trap or other device for the purpose of capturing or destroying any animal, wild animal or wild bird the destruction of which is not proved to be necessary for the protection of property or for the prevention of the spread of disease; or

(k) having laid any such trap or other device fails either himself or through some competent person to inspect and clear such trap or device at least once each day; or

(l) except under the authority of a permit issued by the magistrate of the district concerned, sells any trap or other device intended for the capture of any animal, including any wild animal (not being a rodent) or wild bird, to any person who is not a bona fide farmer; or

(m) conveys, carries, confines, secures, restrains or tethers any animal -

(i) under such conditions or in such a manner or position or for such a period of time or over such a distance as to cause that animal unnecessary suffering; or

(ii) in conditions affording inadequate shelter, light or ventilation or in which such animal is excessively exposed to heat, cold,""

""weather, sun, rain, dust, exhaust gases or noxious fumes; or

(iii) without making adequate provision for suitable food, potable water and rest for such animal in circumstances where it is necessary; or

[Para. (m) substituted by s. 13 of Act 7/91]

(n) without reasonable cause administers to any animal any poisonous or injurious drug or substance; or

(o) ..........

[Para. (o) deleted by s. 2 of Act 42/93]

(p) being the owner of any animal, deliberately or without reasonable cause or excuse, abandons it, whether permanently or not, in circumstances likely to cause that animal unnecessary suffering; or

(q) causes, procures or assists in the commission or omission of any of the aforesaid acts or, being the owner of any animal, permits the commission or omission of any such act; or

(r) by wantonly or unreasonably or negligently doing or omitting to do any act or causing or procuring the commission or omission of any act, causes any unnecessary suffering to any animal; or

(s) kills any animal in contravention of a prohibition in terms of a notice published in the Gazette under subsection (3) of this section,

[Para. (s) inserted by s. 21 of Act 102/72]

shall, subject to the provisions of this Act and any other law, be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding twelve months or to such imprisonment without the option of a fine.

[Sub-s. (1) amended by s. 3 of Act 54/83, s. 5 of Act 20/85, s. 13 of Act 7/91 and s. 2 of Act 33/97]

(2) For the purposes of subsection (1) the owner of any animal shall be deemed to have permitted or procured the commission or omission of any act in relation to that animal if by the exercise of reasonable care and supervision in respect of that animal he could have prevented the commission or omission of such act.

(3) The Minister may by notice in the Gazette prohibit the killing of an animal specified in the notice with the intention of using the skin or meat or any other part of such animal for commercial purposes.

[Sub-s. (3) added by s. 21 of Act 102/72]"

Applicable Act: Basic Conditions of Employment Act, 75 of 1997

Specific Reference: 6. Application of this Chapter

6.Application of this Chapter

(1) This Chapter, except section 7, does not apply to -

(a) senior managerial employees;

(b) employees engaged as sales staff who travel to the premises of customers and who regulate their own hours of work;

(c) employees who work less than 24 hours a month for an employer.

(2) Sections 9, 10(1), 14(1), 15(1), 17(2) and 18(1) do not apply to work which is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by employees during their ordinary hours of work.

(3) The Minister must, on the advice of the Commission, make a determination that excludes the application of this Chapter or any provision of it to any category of employees earning in excess of an amount stated in that determination.

(Commencment date of sub-s. (3): 21 March 1998)

(Section 6(3): Decided cases)

(4) Before the Minister issues a notice in terms of subsection (3), the Minister must -

(a) publish in theGazettea draft of the proposed notice; and

(b) invite interested persons to submit written representations on the proposed notice within a reasonable period.

(Commencment date of sub-s. (4): 21 March 1998)"

Specific Reference: 7. Regulation of working time

7.Regulation of working time

Every employer must regulate the working time of each employee -

(a) in accordance with the provisions of any Act governing occupational health and safety;

(b) with due regard to the health and safety of employees;

(c) with due regard to the Code of Good Practice on the Regulation of Working Time 3 issued under section 87(1)(a); and

(d) with due regard to the family responsibilities of employees.

3.The Code of Good Practice issued by the Minister of Labour under section 87(1)(a) will contain provisions concerning the arrangement of work and, in particular, its impact upon the health, safety and welfare of employees. Issues that would be included are shift work, night work, rest periods during working time, family responsibilities and work by children.

Specific Reference: 8. Interpretation of day

8.Interpretation of day

For the purposes of sections 9 to 16, “day” means a period of 24 hours measured from the time when the employee normally commences work, and “daily” has a corresponding meaning.

[S. 8 substituted by s. 2 of Act 11/2002]"

Specific Reference: 9. Ordinary hours of work

9.Ordinary hours of work

(1 )Subject to this Chapter, an employer may not require or permit an employee to work more than -

(a) 45 hours in any week; and

(b) nine hours in any day if the employee works for five days or fewer in a week; or

(c) eight hours in any day if the employee works on more than five days in a week.

(2) An employee’s ordinary hours of work in terms of subsection (1) may by agreement be extended by up to 15 minutes in a day but not more than 60 minutes in a week to enable an employee whose duties include serving members of the public to continue performing those duties after the completion of ordinary hours of work.

(3) Schedule 1 establishes procedures for the progressive reduction of the maximum ordinary hours of work to a maximum of 40 ordinary hours of work per week and eight ordinary hours of work per day."

Specific Reference: 10. Overtime

10.Overtime

(1) Subject to this Chapter, an employer may not require or permit an employee to work -

(a) overtime except in accordance with an agreement;

(b) more than ten hours’ overtime a week.

[Sub-s. (1) substituted by s. 3 of Act 11/2002]

(1A) An agreement in terms of subsection (1) may not require or permit an employee to work more than 12 hours on any day.

[Sub-s. (1A) inserted by s. 3 of Act 11/2002]

(2) An employer must pay an employee at least one and one-half times the employee’s wage for overtime worked.

(3)Despite subsection (2), an agreement may provide for an employer to -

(a) pay an employee not less than the employee’s ordinary wage for overtime worked and grant the employee at least 30 minutes’ time off on full pay forevery hour of overtime worked; or

(b) grant an employee at least 90 minutes’ paid time off for each hour of overtime worked.

(4)

(a) An employer must grant paid time off in terms of subsection (3) within one month of the employee becoming entitled to it.

(b)An agreement in writing may increase the period contemplated by paragraph (a) to 12 months.

(5) An agreement concluded in terms of subsection (1) with an employee when the employee commences employment, or during the first three months of employment, lapses after one year.

(6)

(a) A collective agreement may increase the maximum permitted overtime to 15 hours a week.

(b) A collective agreement contemplated in paragraph (a) may not apply for more than two months in any period of 12 months.

[Sub-s. (6) added by s. 3 of Act 11/2002]"

Specific Reference: 14. Meal intervals

14.Meal intervals

(1) An employer must give an employee who works continuously for more than five hours a meal interval of at least one continuous hour.

(2) During a meal interval the employee may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another employee.

(3) An employee must be remunerated -

(a) for a meal interval in which the employee is required to work or is required to be available for work; and

(b) for any portion of a meal interval that is in excess of 75 minutes, unless the employee lives on the premises at which the workplace is situated.

(4) For the purposes of subsection (1), work is continuous unless it is interrupted by an interval of at least 60 minutes.

(5) An agreement in writing may -

(a) reduce the meal interval to not less than 30 minutes;

(b) dispense with a meal interval for an employee who works fewer than six hours on a day."

Specific Reference: 15. Daily and weekly rest period

15.Daily and weekly rest period

(1) An employer must allow an employee -

(a) a daily rest period of at least twelve consecutive hours between ending and recommencing work; and

(b) a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include Sunday.

(2) A daily rest period in terms of subsection (1)(a) may, by written agreement, be reduced to 10 hours for an employee -

(a) who lives on the premises at which the workplace is situated; and

(b) whose meal interval lasts for at least three hours.

(3) Despite subsection (1)(b), an agreement in writing may provide for -

(a) a rest period of at least 60 consecutive hours every two weeks; or

(b) an employee’s weekly rest period to be reduced by up to eight hours in any week if the rest period in the following week is extended equivalently.

Specific Reference: 17. Night work

17.Night work

(1) In this section, “night work” means work performed after 18:00 and before 06:00 the next day.

(2) An employer may only require or permit an employee to perform night work, if so agreed, and if -

(a) the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and

(b) transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift.

(3) An employer who requires an employee to perform work on a regular basis after 23:00 and before 06:00 the next day must -

(a) inform the employee in writing, or orally if the employee is not able to understand a written communication, in a language that the employee understands -

(i) of any health and safety hazards associated with the work that the employee is required to perform; and

(ii) of the employee’s right to undergo a medical examination in terms of paragraph (b);

(b) at the request of the employee, enable the employee to undergo a medical examination, for the account of the employer, concerning those hazards -

(i) before the employee starts, or within a reasonable period of the employee starting, such work; and

(ii) at appropriate intervals while the employee continues to perform such work; and

(c) transfer the employee to suitable day work within a reasonable time if -

(i) the employee suffers from a health condition associated with the performance of night work; and

(ii) it is practicable for the employer to do so.

(4) For the purposes of subsection (3), an employee works on a regular basis if the employee works for a period of longer than one hour after 23:00 and before 06:00 at least five times per month or 50 times per year.

(5) The Minister may, after consulting the Commission, make regulations relating to the conduct of medical examinations for employees who perform night work. 4

4. Section 90 protects the confidentiality of any medical examination conducted in terms of this Act."

Specific Reference: 20. Annual leave

20.Annual leave

(1) In this Chapter, “annual leave cycle” means the period of 12 months’ employment with the same employer immediately following -

(a) an employee’s commencement of employment; or

(b) the completion of that employee’s prior leave cycle.

(2) An employer must grant an employee at least -

(a) 21 consecutive days’ annual leave on full remuneration in respect of each annual leave cycle; or

(b) by agreement, one day of annual leave on full remuneration for every 17 days on which the employee worked or was entitled to be paid;

(c) by agreement, one hour of annual leave on full remuneration for every 17 hours on which the employee worked or was entitled to be paid.

(3) An employee is entitled to take leave accumulated in an annual leave cycle in terms of subsection (2) on consecutive days.

(4) An employer must grant annual leave not later than six months after the end of the annual leave cycle.

(5) An employer may not require or permit an employee to take annual leave during -

(a) any other period of leave to which the employee is entitled in terms of this Chapter; or

(b) any period of notice of termination of employment.

(6) Despite subsection (5), an employer must permit an employee, at the employee’s written request, to take leave during a period of unpaid leave.

(7) An employer may reduce an employee’s entitlement to annual leave by the number of days of occasional leave on full remuneration granted to the employee at the employee’s request in that leave cycle.

(8) An employer must grant an employee an additional day of paid leave if a public holiday falls on a day during an employee’s annual leave on which the employee would ordinarily have worked.

(9) An employer may not require or permit an employee to work for the employer during any period of annual leave.

(10) Annual leave must be taken -

(a) in accordance with an agreement between the employer and employee; or

(b) if there is no agreement in terms of paragraph (a), at a time determined by the employer in accordance with this section.

(11) An employer may not pay an employee instead of granting paid leave in terms of this section except -

(a) on termination of employment; and

(b) in accordance with section 40(b) and (c)."

Specific Reference: 22. Sick leave

22.Sick leave

(1) In this Chapter, “sick leave cycle” means the period of 36 months’ employment with the same employer immediately following -

(a) an employee’s commencement of employment; or

(b) the completion of that employee’s prior sick leave cycle.

(2) During every sick leave cycle, an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks.

(3) Despite subsection (2), during the first six months of employment, an employee is entitled to one day’s paid sick leave for every 26 days worked.

(4) During an employee’s first sick leave cycle, an employer may reduce the employee’s entitlement to sick leave in terms of subsection (2) by the number of days’ sick leave taken in terms of subsection (3).

(5) Subject to section 23, an employer must pay an employee for a day’s sick leave -

(a) the wage the employee would ordinarily have received for work on that day; and

(b) on the employee’s usual pay day.

(6) An agreement may reduce the pay to which an employee is entitled in respect of any day’s absence in terms of this section if -

(a) the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay; and

(b) the employee’s entitlement to pay -

(i) for any day’s sick leave is at least 75 per cent of the wage payable to the employee for the ordinary hours the employee would have worked on that day; and

(ii) for sick leave over the sick leave cycle is at least equivalent to the employee’s entitlement in terms of subsection (2)."

Specific Reference: 23. Proof of incapacity

23.Proof of incapacity

(1) An employer is not required to pay an employee in terms of section 22 if the employee has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.

(2) The medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.

(3) If it is not reasonably practicable for an employee who lives on the employer’s premises to obtain a medical certificate, the employer may not withhold payment in terms of subsection (1) unless the employer provides reasonable assistance to the employee to obtain the certificate."

Specific Reference: 24. Application to occupational accidents or diseases

24.Application to occupational accidents or diseases

Sections 22 and 23 do not apply to an inability to work caused by an accident or occupational disease as defined in the Compensation for Occupational Injuries and Diseases Act, 1993(Act No. 130 of 1993), or the Occupational Diseases in Mines and Works Act, 1973(Act No. 78 of 1973), except in respect of any period during which no compensation is payable in terms of those Acts."

Specific Reference: 25. Maternity leave

25.Maternity leave

(1) An employee is entitled to at least four consecutive months’ maternity leave.

(2) An employee may commence maternity leave-

(a) at any time from four weeks before the expected date of birth, unless otherwise agreed; or

(b) on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee’s health or that of her unborn child.

(3) No employee may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so.

(4) An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth.

(5) An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to -

(a) commence maternity leave; and

(b) return to work after maternity leave.

(6) Notification in terms of subsection (5) must be given -

(a) at least four weeks before the employee intends to commence maternity leave; or

(b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(7) The payment of maternity benefits will be determined by the Minister subject to the provisions of the Unemployment Insurance Act, 2001 (Act No 63. of 2001).7

[Subs. (7) substituted by s. 2 of Act 10/2018 w.e.f. 1 January 2020]"

Specific Reference: 25A. Parental leave

25A. Parental leave

(1) An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave.

(2) An employee may commence parental leave on-

(a) the day that the employee’s child is born; or

(b) the date-

(i) that the adoption order is granted; or

(ii) that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child, whichever date occurs first.

(3) An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to-

(a) commence parental leave; and

(b) return to work after parental leave.

(4) Notification in terms of subsection (3) must be given-

(a) at least one month before the-

(i) employee’s child is expected to be born; or

(ii) date referred to in subsection 2(b); or

(b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(5) The payment of parental benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001).

[S. 25A inserted by s. 3 of Act 10/2018 w.e.f. 1 January 2020]"

Specific Reference: 25B. Adoption leave

25B. Adoption leave

(1) An employee, who is an adoptive parent of a child who is below the age of two, is subject to subsection (6), entitled to-

(a) adoption leave of at least ten weeks consecutively; or

(b) the parental leave referred to in section 25A.

(2) An employee may commence adoption leave on the date-

(a) that the adoption order is granted; or

(b) that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child, whichever date occurs first.

(3) An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to-

(a) commence adoption leave; and

(b) return to work after adoption leave.

(4) Notification in terms of subsection (3) must be given-

(a) at least one month before the date referred to in subsection (2); or

(b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(5) The payment of adoption benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001).

(6) If an adoption order is made in respect of two adoptive parents, one of the adoptive parents may apply for adoption leave and the other adoptive parent may apply for the parental leave referred to in section 25A: Provided that the selection of choice must be exercised at the option of the two adoptive parents.

(7) If a competent court orders that a child is placed in the care of two prospective adoptive parents, pending the finalisation of an adoption order in respect of that child, one of the prospective adoptive parents may apply for adoption leave and the other prospective adoptive parent may apply for the parental leave referred to in section 25A: Provided that the selection of choice must be exercised at the option of the two prospective adoptive parents.

[S. 25B inserted by s. 3 of Act 10/2018 w.e.f. 1 January 2020]"

Specific Reference: 25C. Commissioning parental leave

25C. Commissioning parental leave

(1) An employee, who is a commissioning parent in a surrogate motherhood agreement is, subject to subsection (6), entitled to-

(a) commissioning parental leave of at least ten weeks consecutively; or

(b) the parental leave referred to in section 25A.

(2) An employee may commence commissioning parental leave on the date a child is born as a result of a surrogate motherhood agreement.

(3) An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to-

(a) commence commissioning parental leave; and

(b) return to work after commissioning parental leave.

(4) Notification in terms of subsection (3) must be given-

(a) at least one month before a child is expected to be born as a result of a surrogate motherhood agreement; or

(b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(5) The payment of commissioning parental benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001).

(6) If a surrogate motherhood agreement has two commissioning parents, one of the commissioning parents may apply for commissioning parental leave and the other commissioning parent may apply for the parental leave referred to in section 25A: Provided that the selection of choice must be exercised at the option of the two commissioning parents.

(7) In this section, unless the context otherwise indicates-

“commissioning parent” has the meaning assigned to it in section 1 of the Children’s Act, 2005 (Act No. 38 of 2005); and

“surrogate motherhood agreement” has the meaning assigned to it in section 1 of the Children’s Act, 2005 (Act No. 38 of 2005).

[S. 25C inserted by s. 3 of Act 10/2018 w.e.f. 1 January 2020]"

Specific Reference: 26. Protection of employees before and after birth of a child

26.Protection of employees before and after birth of a child

(1) No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child.8

(2) During an employee’s pregnancy, and for a period of six months after the birth of her child, her employer must offer her suitable, alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of employment, if -

(a) the employee is required to perform night work, as defined in section 17(1) or her work poses a danger to her health or safety or that of her child; and

(b) it is practicable for the employer to do so.

8. The Minister must issue a Code of Good Practice on the Protection of Employees during Pregnancy and after the Birth of a Child in terms of section 87(1)(b)."

Specific Reference: 30. Informing employees of their rights

30.Informing employees of their rights

An employer must display at the workplace where it can be read by employees a statement in the prescribed form of the employee’s rights under this Act in the official languages which are spoken in the workplace."

Specific Reference: 31. Keeping of records

31.Keeping of records

(1) Every employer must keep a record containing at least the following information:

(a) The employee’s name and occupation;

(b) the time worked by each employee;

(c) the remuneration paid to each employee;

(d) the date of birth of any employee under 18 years of age; and

(e) any other prescribed information.

(2) A record in terms of subsection (1) must be kept by the employer for a period of three years from the date of the last entry in the record.

(3) No person may make a false entry in a record maintained in terms of subsection (1).

(4) An employer who keeps a record in terms of this section is not required to keep any other record of time worked and remuneration paid as required by any other employment law."

Specific Reference: 43, Prohibition of work by children

43.Prohibition of work by children.

(1) Subject to section 50(2)(b), a person must not require or permit a child to work, if the child-

(a) is under 15 years of age; or

(b) is under the minimum school-leaving age in terms of any law.

(2) A person must not require or permit a child to perform any work or provide any services-

(a) that are inappropriate for a person of that age;

(b) that place at risk the child's well-being, education, physical or mental health, or spiritual, moral or social development.

(3) A person who requires or permits a child to work in contravention of subsection (1) or (2) commits an offence.

[S. 43 substituted by s. 3 of Act 20/2013 w.e.f. 1 September 2014] (Commencement date of s. 43: 21 March 1998)"

Specific Reference: 46, Prohibitions

46.Prohibitions

It is an offence to -

(a) assist any person to require or permit a child to work in contravention of this Act; or

[Para. (a) substituted by s. 6 of Act 20/2013 w.e.f. 1 September 2014]

(b) discriminate against a person who refuses to permit a child to work in contravention of this Act.

[Para. (b) substituted by s. 6 of Act 20/2013 w.e.f. 1 September 2014](Commencement date of s. 46: 21 March 1998)"

Specific Reference: 67, Co-operation with labour inspectors

67.Co-operation with labour inspectors

(1) Any person who is questioned by a labour inspector in terms of section 66 must answer all relevant questions lawfully put to that person truthfully and to the best of his or her ability.12

(2) Every employer and each employee must provide any facility and assistance at a workplace that is reasonably required by a labour inspector to perform the labour inspector’s functions effectively.

12. An answer by a person to a question of a labour inspector may not be used in any criminal proceedings except proceedings in respect of a charge of perjury or making a false statement (s. 91)."

Specific Reference: 78. Rights of employees

78.Rights of employees

(1) Every employee has the right to-

(a) make a complaint to a trade union representative, a trade union official or a labour inspector concerning any alleged failure or refusal by an employer to comply with this Act or the National Minimum Wage Act, 2018;

(b) discuss his or her conditions of employment with his or her fellow employees, his or her employer or any other person;

(c) refuse to comply with an instruction that is contrary to this Act, the National Minimum Wage Act, 2018, or any sectoral determination;

(d) refuse to agree to any term or condition of employment that is contrary to this Act, the National Minimum Wage Act, 2018, or any sectoral determination;

(e) inspect any record kept in terms of this Act or the National Minimum Wage Act, 2018, that relates to the employment of that employee;

(f) participate in proceedings in terms of this Act;

(g) request a trade union representative or a labour inspector to inspect any record kept in terms of this Act and that relates to the employment of that employee.

(2) Every trade union representative has the right, at the request of an employee, to inspect any record kept in terms of this Act or the National Minimum Wage Act, 2018, that relates to the employment of that employee.[S. 78 substituted by s. 22 of Act 7/2018 w.e.f. a date immediately after the National Minimum Wage Act, 2018, has taken effect, 2 January 2019] "

Specific Reference: 79, Protection of rights

79.Protection of rights

(1) In this section, “employee” includes a former employee or an applicant for employment.

(2) No person may discriminate against an employee for exercising a right conferred by this Part and no person may do, or threaten to do, any of the following:

(a) Require an employee not to exercise a right conferred by this Part;

(b) prevent an employee from exercising a right conferred by this Part; or

(c) prejudice an employee because of a past, present or anticipated -

(i) failure or refusal to do anything that an employer may not lawfully permit or require an employee to do;

(ii) disclosure of information that the employee is lawfully entitled or required to give to another person; or

(iii) exercise of a right conferred by this Part.

(3) No person may favour, or promise to favour, an employee in exchange for the employee not exercising a right conferred by this Part. However, nothing in this section precludes the parties to a dispute from concluding an agreement to settle the dispute."

Specific Reference: 80, Procedure for disputes

80.Procedure for disputes

(1) If there is a dispute about the interpretation or application of this Part, any party to the dispute may refer the dispute in writing to the CCMA.

(2) The party who refers a dispute must satisfy the CCMA that a copy of the referral has been served on all the other parties to the dispute.

(3) The CCMA must attempt to resolve a dispute through conciliation.

(4) If a dispute remains unresolved, any party to the dispute may refer it to the CCMA for arbitration.

(5) In respect of a dispute in terms of this Part, the relevant provisions of Part C of Chapter VII of the Labour Relations Act, 1995, apply with the changes required by the context.

(6) For the purposes of this section, a party to a dispute includes a labour inspector.

[S. 80 substituted by s. 23 of Act 7/2018 w.e.f. a date immediately after the National Minimum Wage Act, 2018, has taken effect, 2 January 2019]"

Specific Reference: 81, Burden of proof

81.Burden of proof

In any proceeding in terms of this Part -

(a) an employee who alleges that a right or protection conferred by this Part has been infringed, must prove the facts of the conduct said to constitute such infringement; and

(b) the party who allegedly engaged in the conduct in question must then prove that the conduct did not infringe any provision of this Part."

Specific Reference: 87, Codes of Good Practice

87.Codes of Good Practice

(1) The Minister, after consulting NEDLAC -

(a) must issue a Code of Good Practice on the Arrangement of Working Time;

(b) must issue a Code of Good Practice on the Protection of Employees during Pregnancy and after the Birth of a Child;

(c) may issue other codes of good practice; and

(d) may change or replace any code of good practice.

(2) Any code of good practice or any change to or replacement of a code of good practice must be published in theGazette.

(3) Any person interpreting or applying this Act must take into account relevant codes of good practice.

(4) A Code of Good Practice issued in terms of this section may provide that the Code must be taken into account in applying or interpreting any employment law.

[Sub-s. (4) added by s. 22 of Act 11/2002]"

Specific Reference: 89, Representation of employees or employers

89.Representation of employees or employers

(1) A registered trade union or registered employers’ organisation may act in any one or more of the following capacities in any dispute to which any of its members is a party:

(a) In its own interest;

(b) on behalf of any of its members;

(c) in the interest of any of its members.

(2) A registered trade union or a registered employers’ organisation is entitled to be a party to any proceedings in terms of this Act if one or more of its members is a party to these proceedings."

Specific Reference: 90, Confidentiality

90.Confidentiality

(1) It is an offence for any person to disclose information which that person acquired while exercising or performing any power or duty in terms of this Act and which relates to the financial or business affairs of any other person, except if the information is disclosed in compliance with the provisions of any law -

(a) to enable a person to perform a function or exercise a power in terms of an employment law;

(b) for the purposes of the proper administration of this Act;

(c) for the purposes of the administration of justice.

(2) Subsection (1) does not prevent the disclosure of any information concerning an employer’s compliance or non-compliance with the provisions of any employment law.

(3) The record of any medical examination performed in terms of this Act must be kept confidential and may be made available only -

(a) in accordance with the ethics of medical practice;

(b) if required by law or court order; or

(c) if the employee has in writing consented to the release of that information."

Specific Reference: 92. Obstruction, under influence and fraud

92.Obstruction, undue influence and fraud

It is an offence to -

(a) obstruct or attempt to influence improperly a person who is performing a function in terms of this Act;

(b) obtain or attempt to obtain any prescribed document by means of fraud, false pretences, or by presenting or submitting a false or forged document;

(c) pretend to be a labour inspector or any other person performing a function in terms of this Act;

(d) refuse or fail to answer fully any lawful question put by a labour inspector or any other person performing a function in terms of this Act;

(e) refuse or fail to comply with any lawful request of, or lawful order by, a labour inspector or any other person performing a function in terms of this Act;

(f) hinder or obstruct a labour inspector or any other person performing a function in terms of this Act.

Applicable Act: Basic Conditions Of Employment Act 75 Of 1997 - Regulations In Terms Of Section 86(1)

Specific Reference: 2, Informing employees of their rights

2.Informing employees of their rights

An employer must keep the statement of employees rights referred to in section 30 of this Act in the form of BCEA 1 in all official languages.

An employer must keep the statement of employees rights referred to in section 30 of this Act in the form of BCEA 1 in all official languages.

Form BCEA 1A English

Form BCEA 1B Afrikaans

Form BCEA 1C Sepedi

Form BCEA 1D Sesotho

Form BCEA 1E Setswana

Form BCEA 1F siSwati

Form BCEA 1G Tshivenda

Form BCEA 1H Xitsonga

Form BCEA 1I isiNdebele

Form BCEA 1J isiXhosa

Form BCEA 1K isiZulu"

3, Keeping of Records "3.Keeping of Records

(1) The record that an employer is required to keep in terms of section 31 must comprise

(a) a wages register in the form of BCEA 2 or some other record that contains the information set out in that form; and

(b) an attendance register in the form of BCEA 3 or some other record that contains the information set out in that form.

Applicable Act: Carbon Tax Act, 2019

Specific Reference: 3, Person subject to tax

3.Persons subject to tax

A person is

(a) a taxpayer for the purposes of this Act; and

(b) liable to pay an amount of carbon tax calculated as contemplated in section 6 in respect of a tax period as specified in section 16, if that person conducts an activity in the Republic resulting in greenhouse gas emissions above the threshold determined by matching the activity listed in the column “Activity/ Sector” in Schedule 2 with the number in the corresponding line of the column “Threshold” of that table.

if that person conducts an activity in the Republic, resulting in greenhouse gas emissions, equal to or above the threshold determined by matching the activity listed in the column “Activity/ Sector” in Schedule 2 with the number in the corresponding line of the column “Threshold” of that table.

[Words following para. (b) substituted by s. 90 of Act 34/2019 and deemed to have come into operation on 1 June 2019]"

Specific Reference: 4, Tax base

4.Tax base

(1) Notwithstanding subsection (2), the carbon tax must be levied in respect of the sum of the greenhouse gas emissions of a taxpayer in respect of a tax period expressed as the carbon dioxide equivalent of those greenhouse gas emissions resulting from fuel combustion and industrial processes, and fugitive emissions in accordance with an emissions determination methodology approved by the Department of Environmental Affairs.

[Subs. (1) substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(2) Where a taxpayer uses an emissions determination methodology in respect of the sum of the greenhouse gas emissions of a taxpayer in respect of a tax period-

(a) employing readily available statistical data on the intensity of processes (activity data) and emission factors as specified in the ‘IPCC Guidelines For National Greenhouse Gas Inventories’ (2006)); or

(b) employing the statistical data and emission factors as specified in paragraph (a) including country-specific emission factors,

in respect of greenhouse gas emissions resulting from fuel combustion, and industrial processes, and fugitive emissions the carbon tax must be levied in respect of the sum of the greenhouse gas emissions of a taxpayer in respect of a tax period expressed as the carbon dioxide equivalent of those greenhouse gas emissions resulting from-

[Words preceding para. (a) substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(a) fuel combustion in respect of that tax period that is a number constituted by the sum of the respective numbers determined for each type of fuel in respect of which a greenhouse gas is emitted in respect of that tax period which respective numbers must be determined in accordance with the formula:

E = (A x B)

in which formula

(i) “E” represents the number to be determined;

(ii) “A” represents the mass of any one type of the fuel expressed in tonne that is the source of the greenhouse gas emission, other than any fuel utilised for the purposes of international aviation and maritime transport;

(iii) “B” represents the greenhouse gas emission factor in carbon dioxide equivalent per tonne that must be determined in accordance with the formula:

X = {[(C x 1) + (M x 23) + (N x 296)] x D}Y

[Formula substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

in which formula-

(aa) “X” represents the number to be determined;

(bb) “C” represents the carbon dioxide emissions of a fuel type determined by matching the fuel type listed in the column “fuel type” in Table 1 of Schedule 1 with the number in the corresponding line of the column “CO2 (KGCO2/TJ)” of that table;

(cc) “M” represents the methane emissions of a fuel type determined by matching the fuel type listed in the column “fuel type” in Table 1 of Schedule 1 with the number in the corresponding line of the column “CH4 (KGCH4/TJ)” of that table;

(dd) “N” represents the Nitrous Oxide emissions of a fuel type determined by matching the fuel type listed in the column “fuel type” in Table 1 of Schedule 1 with the number in the corresponding line of the column “N2O (KGN2O/TJ)” of that table;

[Item (dd) amended by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(ee) “D” represents the net default calorific value (terajoule per tonne) of a fuel type determined by matching the fuel type listed in the""

""column “fuel type” in Table 1 of Schedule 1 with the number in the corresponding line of the column “DEFAULT CALORIFIC NET VALUE (TJ/TONNE)” of that table; and

[Item (ee) substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(ff) """"Y"""" represents the number 1000;

[Item (ff) added by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(b) fugitive emissions that is a number constituted by the sum of the respective numbers determined for each type of commodity, fuel or technology in respect of which the greenhouse gas is emitted in respect of a tax period which respective numbers must be determined in accordance with the formula:

F= (N x Q)

in which formula-

(i) “F” represents the number to be determined;

(ii) “N” represents the mass expressed in tonne in the case of solid fuels or the volume of each type of fuel expressed in cubic metres in the case of fuels other than solid fuels, in respect of the greenhouse gas emission; and

(iii) “Q” represents the greenhouse gas emission factor in carbon dioxide equivalent per tonne or cubic metres-

(aa) in the case of oil and natural gas, that must be determined in accordance with the formula:

X = [(C x 1) + (M x 23) + (N x 296) x Y

in which formula-

(a) “X” represents the number to be determined;

(b) “C” represents the carbon dioxide emissions of a fuel type determined by matching the fuel type listed in the column “fuel type” in Table 2 of Schedule 1 with the number in the corresponding line of the column “CO2” of that table;

(c) “M” represents the methane emissions of a fuel type determined by matching the fuel type listed in the column “fuel type” in Table 2 of Schedule 1 with the number in the corresponding line of the column “CH4” of that table;

(d) “N” represents the Nitrous Oxide emissions of a fuel type determined by matching the fuel type listed in the column “fuel type” in Table 2 of Schedule 1 with the number in the corresponding line of the column “N2O” of that table;

(e) """"Y"""" represents the number 1000; and

(bb) in the case of coal mining and handling, that must be determined in accordance with the formula:

X = (M x D x 23) x Y

in which formula-

(a) """"X"""" represents the number to be determined;

(b) """"M"""" represents the methane emissions of a fuel type determined by matching the fuel type listed in the column ‘fuel type’ in Table 2 of Schedule 1 with the number in the corresponding line of the column """"CH4"""" of that table;

(c) """"D"""" represents the density factor for coal mining and handling methane emissions (0.67 x 10-6Gg/ m3);

(d) """"Y"""" represents the number 1000; and

[Item (iii) substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(c) industrial process in respect of a tax period that is a number constituted by the sum of the respective numbers determined for each type of commodity, fuel or technology in respect of which the greenhouse gas is emitted in respect of that tax period which respective numbers must be determined in accordance with the formula:

P= (G x H)

in which formula-

(i) “P” represents the amount to be determined that must not be less than zero;

(ii) “G” represents the mass of each raw material used or product produced expressed in tonne in respect of which the greenhouse gas is emitted in respect of that tax period; and

(iii) “H” represents the greenhouse gas emission factor in carbon dioxide emissions""

""equivalent per tonne for each raw material used or product produced that must be determined in accordance with the formula:

X = (C x 1) + (M x 23) + (N x 296) + (H x 11 900) + (T x 5 700) + (S x 22 200)

in which formula-

(aa) “X” represents the number to be determined;

(bb) “C” represents the carbon dioxide emissions of a raw material or product determined by matching the fuel type listed in the column “SOURCE CATEGORY ACTIVITY / RAW MATERIAL / PRODUCT” in Table 3 of Schedule 1 with the number in the corresponding line of the column “tonne CO2/tonne product” of that table;

[Subitem (bb) substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(cc) “M” represents the methane emissions of a raw material or product determined by matching the fuel type listed in the column “SOURCE CATEGORY ACTIVITY / RAW MATERIAL / PRODUCT” in Table 3 of Schedule 1 with the number in the corresponding line of the column “tonne CH4/tonne product” of that table;

[Subitem (cc) substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(dd) “N” represents the Nitrous Oxide emissions of a raw material or product determined by matching the fuel type listed in the column “SOURCE CATEGORY ACTIVITY / RAW MATERIAL / PRODUCT” in Table 3 of Schedule 1 with the number in the corresponding line of the column “tonne N2O/tonne product” of that table;

[Subitem (dd) substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(ee) “H” represents the Hexafluoroethane (C2F6) emissions of a raw material or product determined by matching the fuel type listed in the column “SOURCE CATEGORY ACTIVITY / RAW MATERIAL / PRODUCT” in Table 3 of Schedule 1 with the number in the corresponding line of the column “tonne C2F6/tonne product” of that table;

[Subitem (ee) substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(ff) “T” represents the carbon tetrafluoride (CF4) emissions of a raw material or product determined by matching the fuel type listed in the column “SOURCE CATEGORY ACTIVITY / RAW MATERIAL / PRODUCT” in Table 3 of Schedule 1 with the number in the corresponding line of the column “tonne CF4/tonne product” of that table; and

[Subitem (ff) substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(gg) “S” represents the Sulphur hexafluoride (SF6) emissions of a raw material or product determined by matching the fuel type listed in the column “SOURCE CATEGORY ACTIVITY / RAW MATERIAL / PRODUCT” in Table 3 of Schedule 1 with the number in the corresponding line of the column “tonne SF6/tonne product” of that table.

[Subitem (gg) substituted by s. 91 of Act 34/2019 and deemed to have come into operation on 1 June 2019] """

Specific Reference: 5, Rate of tax

5.Rate of tax

(1) The rate of the carbon tax on greenhouse gas emissions must, subject to subsections (2) and (3), be imposed at an amount of R120 per ton carbon dioxide equivalent of the greenhouse gas emissions of a taxpayer.

(2) The rate of tax specified in subsection (1) must be increased by an amount equal to a percentage equal to the change in the November consumer price index as determined by Statistics South Africa that falls within the previous tax period compared with the November consumer price index that falls within the tax period, until 31 December 2022, plus two percentage points.

[Subs. (2) substituted by s. 92 of Act 34/2019 and deemed to have come into operation on 1 July 2019]

(3) The rate of tax must be increased after 31 December 2022 by an amount equal to a percentage equal to the change in the November consumer price index as determined by Statistics South Africa that falls within the previous tax period compared with the November consumer price index that falls within the tax period prior to the previous tax year.

[Subs. (3) substituted by s. 92 of Act 34/2019 and deemed to have come into operation on 1 July 2019]

Specific Reference: 6, Calculation of the amount of tax payable

6.Calculation of amount of tax payable

(1) Subject to subsection (2), the amount of tax payable by a taxpayer in respect of a tax period must be calculated in accordance with the formula:-

X = <{[(E - S) x (1 - C)] [D x (1 - M)]} + {P x (1 - J)} + {F x (1 - K)}> x R

in which formula-

(a) “X” represents the amount to be determined that must not be less than zero;

(b) “E” represents the number in respect of the total fuel combustion related greenhouse gas emissions of the taxpayer in respect of that tax period expressed as a carbon dioxide equivalent determined in terms of section 4(1) or (2)(a);

(c) “S” represents the number in respect of greenhouse gas emissions, expressed in terms of carbon dioxide equivalent that were sequestrated in respect of that tax period as verified and certified by the Department of Environmental Affairs;

(d) “C” represents a number equal to the sum of the percentages of allowances determined under sections 7, 10, 11, 12, and 13 in respect of that tax period, subject to section 14;

(e) “D” represents the number in respect of the petrol and diesel related greenhouse gas emissions of that taxpayer in respect of that tax period expressed as a carbon dioxide equivalent, determined in terms of section 4(1) or (2)(a);

(f) “M” represents a number equal to the sum of the percentages of the allowances determined under sections 7, 12 and 13 in respect of that tax period, subject to section 14;

(g) “P” represents the number in respect of the total industrial process related greenhouse gas emissions of the taxpayer in respect of that tax period expressed as a carbon dioxide equivalent determined in terms of section 4(1) or (2)(c);

(h) “J” represents a number equal to the sum of the percentages of the allowances determined under sections 7, 8, 10, 11, 12 and 13 in respect of that tax period, subject to section 14;

[Para. (h) substituted by s. 93 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(i) “F” represents the number in respect of the total fugitive greenhouse gas emissions of the taxpayer in respect of that tax period expressed as a carbon dioxide equivalent determined in terms of section 4(1) or (2)(b);

(j) “K” represents the sum of the percentages of the allowances determined in terms of sections 7, 9, 10, 11, 12 and 13 in respect of that tax period, subject to section 14; and

(k) “R” represents the rate of tax prescribed under section 5:

Provided that where the number in respect of the determination of the expression “(E-S)” in the formula is less than zero, that number must be deemed to be zero.

(2) The amount of tax payable by a taxpayer in respect of the generation of electricity from fossil fuels in respect of a tax period must be calculated in accordance with the formula:

X = A - B - C

in which formula-

(a) “X” represents the amount to be determined that must not be less than zero;

(b) “A” represents the amount of tax payable in respect of a tax period determined in terms of subsection (1);

(c) “B” represents the renewable energy premium in respect of a tax period, from the commencement of the tax period until 31 December 2022, constituted by an amount expressed in Rand determined by the Minister by notice in the Gazette; and

(d) “C” represents an amount equal to the environmental levy contemplated in respect of electricity generated in the Republic in Section B of Part 3 of 40 Schedule 1 to the Customs and""

""Excise Act, 1964 (Act No. 91 of 1964), paid in respect of a tax year, until 31 December 2022.

(3) For the purposes of this section “sequestrate” means the process of storing a greenhouse gas or increasing the carbon content of a carbon reservoir other than the atmosphere."""

Specific Reference:8, Allowance for industrial process emissions

8.Allowance for industrial process emissions

(1) A taxpayer that conducts an activity in respect of industrial process emissions that is listed in Schedule 2 in the column “Activity/Sector” must receive an allowance in respect of those emissions, determined in terms of subsection (2).

(2) The percentage of the allowance referred to in subsection (1) must be 10 per cent of the total greenhouse gas emissions in respect of a tax period in respect of that activity.

[Subs. (2) substituted by s. 95 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

Specific Reference:9, Allowance in respect of fugitive emissions

9.Allowance in respect of fugitive emissions

A taxpayer that conducts an activity that is listed in Schedule 2 in the column “Activity/Sector” must receive an allowance in respect of fugitive emissions equal to 10 per cent of the total greenhouse gas emissions in respect of the tax period in respect of that activity.

[S. 9 substituted by s. 96 of Act 34/2019 and deemed to have come into operation on 1 June 2019]"

Specific Reference:10, Trade exposure allowance

10.Trade exposure allowance

A taxpayer that is liable for the carbon tax in respect of greenhouse gas emissions must receive an allowance up to a maximum of ten per cent in respect of trade exposure as measured by value of exports plus imports divided by the total production by sector or sub-sector that must be determined in a manner prescribed by the Minister by regulation."

Specific Reference: 11, Performance allowance

11.Performance allowance

(1) A taxpayer that has implemented measures to reduce the greenhouse gas emissions of that taxpayer in respect of a tax period must receive an allowance in respect of that tax period not exceeding five per cent of the total greenhouse gas emissions of that taxpayer during that tax period, determined in accordance with the formula:

Z = (A / B - C) x D

in which formula

(a) “Z” represents the percentage to be determined that must not be less than zero;

(b) “A” represents-

(i) the sector or sub-sector greenhouse gas emissions intensity benchmark as prescribed by the Minister; or

(ii) where no value is prescribed as required by subparagraph (i), the number zero;

(c) “B” represents the measured and verified greenhouse gas emissions intensity of a taxpayer in respect of a tax period;

(d) “C” represents the number one; and

(e) “D” represents the number 100.

(2) For the purposes of this section “measures” include action taken to reduce greenhouse gas emissions in respect of a tax period."

Specific Reference: 12. Carbon budget allowance

12.Carbon budget allowance

(1) Subject to subsection (2), a taxpayer that conducts an activity that is listed in Schedule 2 in the column “Activity/Sector”, and participates in the carbon budget system during or before the tax period, must receive an additional allowance of five per cent of the total greenhouse gas emissions in respect of a tax period.

(2) A taxpayer must only receive the allowance as contemplated in subsection (1) if the Department of Environmental Affairs confirms in writing that that taxpayer is participating in the carbon budget system as referred to in subsection (1)."

Specific Reference: 13, Offset allowance

13.Offset allowance

(1) Subject to subsection (2), a taxpayer may reduce the amount in respect of the carbon tax for which the taxpayer is liable in respect of a tax period by utilising carbon offsets as prescribed by the Minister.

[Subs. (1) substituted by s. 97 of Act 34/2019 and deemed to have come into operation on 1 June 2019]

(2) The reduction of the liability for the carbon tax allowed in terms of subsection (1) must not exceed so much of the percentage of the total greenhouse gas emissions of a taxpayer in respect of a tax period as is determined by matching the line in the column “Activity/Sector” with the percentage in the corresponding line of the column “Offsets allowance %” in Schedule 2."

Specific Reference: 14, Limitation of sum of allowances

14.Limitation of sum of allowances

A taxpayer, other than a taxpayer in respect of which the maximum total allowance stipulated Schedule 2 constitutes 100 per cent, must only receive the sum of the allowances contemplated in Part II in respect of a tax period to the extent that the sum of those allowances does not exceed 95 per cent of the total greenhouse gas emissions of that taxpayer in respect of that tax period as determined in terms of the column “Maximum total allowances %” in Schedule 2."

Specific Reference: 16, Tax period

16.Tax period

(1) A taxpayer must pay the carbon tax for every tax period.

(2) A tax period in relation to a taxpayer is

(a) commencing on 1 June 2019 and ending on 31 December 2019; and

(b) subsequent to the period contemplated in paragraph (a), the period commencing on 1 January of each year and ending on 31 December of that year."

Specific Reference: 17, Payment of tax

17.Payment of tax

A taxpayer must submit yearly environmental levy accounts and payments as prescribed by rule in terms of the Customs and Excise Act, 1964 (Act No. 91 of 1964), for every tax period."

Applicable Act: Carbon Tax Act, 2019: Regulations on Carbon Offsets

Specific Reference: 2, Allowance of offset in respect of an approved project against carbon tax liability

2.Allowance of offset in respect of an approved project against carbon tax liability

(1)An offset, for the purposes of section 13 of the Carbon Tax Act must be allowed to a taxpayer derived from the furtherance of an approved project -

(a)that is carried on, on or after 1 June 2019 if that project is wholly undertaken in the Republic;

(b)in respect of an activity that is not subject to the carbon tax, subject to subregulations (2) and (3).

(2)An offset in respect of an approved project in existence prior to 1 June 2019, in respect of which the activities become subject to tax on or after that date under the Carbon Tax Act, other than any project mentioned in regulation 4(1)(a) and (b) constitutes an offset for the purpose of these Regulations only if the offset would have been able to be used as an offset, notwithstanding subregulation (1)(b), under these Regulations up to 31 May 2019 had these Regulations been in operation on or before that date if that offset is utilised for the purpose of these Regulations on or before 31 December 2022.

(3)An offset in respect of an approved project existing prior to 1 June 2019, in respect of which the activities do not become subject to tax on or after that date under the Carbon Tax Act, may be utilised for the purposes of these Regulations until the end of the period, specified in regulation 3(1), during which the greenhouse gas emission reductions must be verified and certified under the provisions of the approved project."

Specific Reference:3, Offset creation and utilisation period

3.Offset creation and utilisation period

(1)An offset is created, after the date on which that project starts causing the reduction of greenhouse gas emissions, during a period of-

(a)in the case of a CDM project -

(i)7 years which period may be extended with two periods of seven years respectively on application; or

(ii)10 years which period may not be extended;

(b)in the case of A Gold Standard project -

(i)7 years which period may be extended with three periods of seven years respectively on application; or

(ii)10 years which period may not be extended;

(c)in the case of a VCS project-

(i)for offsets in respect of agriculture, forestry and other land use, other than offsets stipulated in subparagraph (ii)-

(aa)not less than 20 years but not more than 100 years; and

(bb)extended not more than four times;

(ii)for all offsets in respect of agriculture, forestry and other land use and agricultural land management exclusively in respect of nitrous oxide, methane or fossil derived carbon dioxide, a period of not more than 10 years which period may be extended twice.

(2)Despite regulation 2(1)(b), if

(a)any offset exists in respect of an activity that is carried on in respect of which the carbon tax is not imposed; and

(b)the activity referred to in paragraph (a) becomes an activity in respect of which the carbon tax is imposed, that offset is allowed to be utilised in terms of these regulations until the period contemplated in subregulation (1) expires."

Specific Reference:4, Limitation on allowance

4.Limitation on allowance

(1)A taxpayer conducting an activity in respect of-

(a)energy in respect of any power purchase agreement as defined in the Electricity Regulations on New Generation Capacity made by the Minister of Energy under section 35 (4) of the Electricity Regulation Act, 2006 (Act No. 4 of 2006) published by Government Notice 721 of 5 August 2009 in respect of the IPP bid programme as defined in those regulations that was signed on or before 9 May 2013 with contracted capacity exceeding 15 MegaWatt, with a cost equal to or lower than R1.09 per kilowatt hour;

(b)renewable energy generated in respect of a technology with an installed capacity exceeding 15 MegaWatt with a cost equal to or lower than R1.09 per kilowatt hour;

(c)which any allowance has been received in terms of section 12L of the Income Tax Act, 1962 (Act No. 58 of 1962);

(d)the destruction of industrial gases trifluoromethane (HFC -23) and nitrous oxide (N2O) from adipic acid production;

(e)nuclear energy;

(f)geological carbon dioxide capture and sequestration; or

(g)a temporary CDM certified emission reduction.may not receive the allowance in respect of an offset in respect of that activity.

(2)For the purpose of this regulation -""renewable energy"" means energy generated from the following sources -

(a)biomass;

(b)geothermal;

(c)hydro;

(d)ocean currents;

(e)solar;

(f)tidal waves; or

(g)wind;""temporary CDM certified emission reduction"" means a temporary certified emission reduction as defined in the United Nations Framework Convention on Climate Change, Clean Development Mechanism Glossary: CDM Terms."

Specific Reference:8, Procedure for Claiming allowance by taxpayer

8.Procedure for Claiming allowance by taxpayer

A person that claims the allowance must -(a)register with the administrator in the time, in the form and in the manner as the administrator may prescribe;

(b)submit to the administrator those documents, in the time, in the form and in the manner, as the administrator may prescribe, enabling the administrator to issue an extended letter of approval;

(c)

(i)obtain an extended letter of approval from the administrator; or

(ii)submit the extended letter of approval that was already issued to the administrator;

(d)submit to the administrator an attestation of voluntary cancellation;

(e)obtain from the administrator a certificate containing the content as contemplated in regulation 11; and

(f)claim the allowance against tax liability."

Specific Reference: 10, Requirements for extended letter of approval

10.Requirements for extended letter of approval

An extended letter of approval must contain -(a)

(i)in respect of a CDM project and gold standard compliance project, the content of the letter of approval issued in respect of that project as contemplated in regulation 7(3) of the National Environmental Management Act, 1998 Regulations for the establishment of a designated national authority for the Clean Development Mechanism (Government Notice No. R.721 published in Government Gazette No. 27788 of 22 July 2005); and

(ii)in respect of a VCS project and in respect of a gold standard voluntary project, a confirmation that the project meets the registration requirements for the applicable standard.

(b)a confirmation by the administrator that the project complies with these Regulations."

Specific Reference:12, Retaining and validity of Certificate

12.Retaining and validity of Certificate

(1)A taxpayer must obtain a certificate, to be retained for duration of the project, offset eligibility or 15 years whichever is longer in paper, electronic or other usable format, containing the particulars prescribed by Regulation 11, from the administrator for the purposes of utilising an offset as an allowance against carbon tax liability.

(2)The certificate referred to in subregulation (1) remains valid for the purpose of utilisation in respect of these Regulations for no longer than the tax period in respect of which that certificate is issued.

Applicable Act: Compensation for Occupational Injuries and Diseases Act, 130 of 1993 (COIDA)

Specific Reference: 22. Right of employee to compensation

22.Right of employee to compensation

(1) If an employee meets with an accident resulting in his disablement or death such employee or the dependants of such employee shall, subject to the provisions of this Act, be entitled to the benefits provided for and prescribed in this Act.

(2) No periodical payments shall be made in respect of temporary total disablement or temporary partial disablement which lasts for three days or less.

(3)

(3)

(a) If an accident is attributable to the serious and wilful misconduct of the employee, no compensation shall be payable in terms of this Act, unless -

(i) the accident results in serious disablement; or

(ii) the employee dies in consequence thereof leaving a dependant wholly financially dependent upon him.

(b) Notwithstanding paragraph (a) the Director-General may, and the employer individually liable or mutual association concerned, as the case may be, shall, if ordered thereto by the Director-General, pay the cost of medical aid or such portion thereof as the Director-General may determine.

(4) For the purposes of this Act an accident shall be deemed to have arisen out of and in the course of the employment of an employee notwithstanding that the employee was at the time of the accident acting contrary to any law applicable to his employment or to any order by or on behalf of his employer, or that he was acting without any order of his employer, if the employee was, in the opinion of the Director-General, so acting for the purposes of or in the interests of or in connection with the business of his employer.

(5) For the purposes of this Act the conveyance of an employee free of charge to or from his place of employment for the purposes of his employment by means of a vehicle driven by the employer himself or one of his employees and specially provided by his employer for the purpose of such conveyance, shall be deemed to take place in the course of such employee’s employment."

Specific Reference: 23. Accident outside Republic

23.Accidents outside Republic

(1)

(1)

(a) If an employer carries on business chiefly in the Republic and an employee of his ordinarily employed in the Republic, meets with an accident while temporarily employed outside the Republic, such employee shall, subject to paragraph (c), be entitled to compensation as if the accident had happened in the Republic.

(b) The amount of compensation contemplated in paragraph (a) shall be determined on the basis of the earnings which the employee, in the opinion of the Director-General, would have received if he had remained in the Republic.

(c) This subsection shall cease to apply to an employee after he has been employed outside the Republic for a continuous period of 12 months, save by agreement between the Director-General, the employee and the employer concerned, and subject to such conditions as the Director-General may determine.

(2) If an employee resident in the Republic meets with an accident while employed in, on or above the continental shelf, such employee shall be entitled to compensation as if the accident had happened in the Republic.

(3)

(3)

(a) If an employer carries on business chiefly outside the Republic and an employee of his ordinarily employed outside the Republic, meets with an accident while temporarily employed in the Republic, such employee shall not be entitled to compensation unless the employer has previously agreed with the Director-General that such employee shall be entitled to compensation and, where applicable, has paid the necessary assessments in respect of him.

(b) An employee referred to in paragraph (a) who is so temporarily employed in the Republic for a continuous period of more than 12 months, shall be deemed to be ordinarily employed by such employer in the Republic.

(4) If, in terms of the law of the state in which an accident happens, an employee, in the circumstances referred to in subsection (1), is entitled to compensation or if an employee meets with an accident in the circumstances referred to in subsection (2) or in the Republic and he would be entitled to compensation in terms of the law of any other state as well as in terms of this Act, he shall by written notice to the Director-General elect to claim compensation either in terms of this Act or in terms of the law of the other state."

Specific Reference: 25. Accidents during training for a performance of emergency services

25.Accidents during training for or performance of emergency services

If an employee meets with an accident -

(a) while he is, with the consent of his employer, being trained in organized first aid, ambulance or rescue work, fire-fighting or any other emergency service;

(b) while he is engaged in or about his employer’s mine, works or premises in organized first aid, ambulance or rescue work, fire-fighting or any other emergency service;

(c) while he is, with the consent of his employer, engaged in any organized first aid, ambulance or rescue work, fire-fighting or other emergency service on any mine, works or premises other than his employer’s, such accident shall, for the purposes of this Act, be deemed to have arisen out of and in the course of his employment."

Specific Reference: 26. Special circumstances in which Director-General may refuse award

26.Special circumstances in which Director-General may refuse award

If a right to compensation in terms of this Act arises owing to the death or disablement of an employee as a result of an accident, the Director-General may refuse to award the whole or a portion of such compensation and the Director-General, or, if authorized thereto by the Director-General, the employer individually liable or mutual association concerned, as the case may be, may also refuse to pay the whole or any portion of the cost of medical aid -

(a) if the employee at any time represented to the employer or the Director-General, knowing the information to be false, that he was not then suffering from or had not previously suffered from a serious injury or occupational disease or any other serious disease, and such an accident was caused by, or the death resulted from or the disablement resulted from or was aggravated by, such injury or disease; or

(b) if, in the opinion of the Director-General, the death was caused, or the disablement was caused, prolonged or aggravated, by the unreasonable refusal or wilful neglect of the employee to submit to medical aid in respect of any injury or disease, whether caused by the accident or existing before the accident."

Specific Reference: 28. Employee requiring constant help

28.Employee requiring constant help

If the injury in respect of which compensation is payable causes disablement of such a nature that the employee is unable to perform the essential actions of life without the constant help of another person, the Director-General may in addition to any other benefits in terms of this Act grant an allowance towards the cost of such help."

Specific Reference: 29. Liability for payment of compensation

29.Liability for payment of compensation

If an employee is entitled to compensation in terms of this Act, the Director-General or the employer individually liable or the mutual association concerned, as the case may be, shall be liable for the payment of such compensation."

Specific Reference: 35. Substitution of compensation for other legal remedies

35.Substitution of compensation for other legal remedies

(1) No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational injury or disease resulting in the disablement or death of such employee against such employee’s employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death.

(2) For the purposes of subsection (1) a person referred to in section 56 (1) (b), (c), (d) and (e) shall be deemed to be an employer."

Specific Reference: 37. Threats and compulsion

37.Threats and compulsion

Any person who threatens an employee or in any manner compels or influences an employee to do something resulting in or directed at the deprivation of that employee’s right to benefits in terms of this Act, shall be guilty of an offence."

Specific Reference: 38. Notice of accident by employee to employer

38.Notice of accident by employee to employer

(1) Written or verbal notice of an accident shall, as soon as possible after such accident happened, be given by or on behalf of the employee concerned to the employer, and notice of the accident may also be given as soon as possible to the commissioner in the prescribed manner.

(2) Failure to give notice to an employer as required in subsection (1) shall not bar a right to compensation if it is proved that the employer had knowledge of the accident from any other source at or about the time of the accident.

(3) Subject to section 43, failure to give notice to an employer as required in subsection (1), or any error or inaccuracy in such notice, shall not bar a right to compensation if in the opinion of the Director-General -

(a) the compensation fund or the employer or mutual association concerned, as the case may be, is not or would not be seriously prejudiced by such failure, error or inaccuracy if notice is then given or the error or inaccuracy is corrected;

(b) such failure, error or inaccuracy was caused by an oversight, absence from the Republic or other reasonable cause.

(4) If a seaman or airman meets with an accident, the person in command or the owner of the ship or aircraft, as the case may be, shall for the purposes of this section and sections 39, 40, 41 and 43 be deemed to be the employer."

Specific Reference: 39. Notice of accident by employer to commissioner

39.Notice of accident by employer to commissioner

(Section 39(1): Decided cases)

(1) Subject to the provisions of this section an employer shall within seven days after having received notice of an accident or having learned in some other way that an employee has met with an accident, report the accident to the commissioner in the prescribed manner.

(Section 39(2): Decided cases)

(2) For the purposes of subsection (1) an employer referred to in section 84 (1) (a) (i) means, in the case of -

(a) the national and provincial spheres of government, the respective heads of departments referred to insection 7 (3) of the Public Service Act, 1994 (Proclamation No. 103 of 1994);

[Para. (a) substituted by s. 14 of Act 61/97]

(b) Parliament, the Secretary to Parliament;

(c) a provincial legislature, the Secretary of the provincial legislature in question.

[Para. (c) substituted by s. 14 of Act 61/97]

(3)

(3)

(a) An employer referred to in section 84 (1) (a) (ii) shall within 60 days after the commencement of this Act, and an employer referred to in section 84 (1) (a) (iii) shall within 30 days after having been granted exemption under section 84 (2), furnish the commissioner in the prescribed manner with the name of a person who shall be responsible to report on behalf of such employer accidents as required by subsection (1) (in this section referred to as the “responsible person”).

[Para. (a) substituted by s. 14 of Act 61/97]

(b) If such employer individually liable thereafter designates some other person as the responsible person such employer shall within 30 days after such designation notify the commissioner thereof in the prescribed manner.

(4) Notwithstanding subsection (1) the Director-General may upon application authorize an employer individually liable to report accidents at such intervals and in such manner as the Director-General may determine.

(5) An employer referred to in section 84 (1) (b) shall report accidents to the mutual association concerned in the prescribed manner.

(6) An employer, excluding an employer referred to in section 84 (1) (a) (i), (ii) and (iii), who fails to comply with subsection (1) shall be guilty of an offence.

[Sub-s. (6) substituted by s. 14 of Act 61/97]

(7) For the purposes of this section an accident includes any injury reported by an employee to his employer, if the employee when reporting the injury alleges that it arose out of and in the course of his employment and irrespective of the fact that in the opinion of the employer the alleged accident did not so arise out of and in the course thereof.

(8) If an employer, excluding an employer referred to in section 84 (1) (a) (i), (ii) and (iii), fails to report in the prescribed manner an accident which has happened to an employee in his, her or its service within seven days after having received notice thereof or having learned thereof in some other manner, the Director-General may impose a fine of not more than the full amount of the compensation payable in respect of such accident upon him, her or it in addition to any other penalty to which he, she or it may be liable.

[Sub-s. (8) substituted by s. 14 of Act 61/97]

(9) If a fine is in terms of subsection (8) imposed upon an employer referred to in section 84 (1) (b), and is paid to the Director-General or recovered by him, such fine shall be paid over to the mutual association concerned.

(10) For the purposes of subsection (8) compensation includes the cost of medical aid and any amount paid or""

""payable in terms of section 28, 54 (2) or 72 (2) and, in the case of a pension, the capitalized value as determined by the Director-General of the pension, irrespective of whether a lump sum is at any time paid in lieu of the whole or a portion of such pension in terms of section 52 or 60, and periodical payments or allowances, as the case may be.

(11) If the Director-General is of the opinion that the failure referred to in subsection (8) was not wilful or was due to a cause over which the employer had no control or that the payment of the full amount of the compensation payable in respect of such accident, including the capitalized value as determined in subsection (10), will probably result in the insolvency of the employer concerned or, in the case of an employer that is a company, its liquidation, the Director-General may on such conditions as he may think fit -

(a) reduce or remit any fine imposed by him;

(b) permit the employer to pay the fine in such instalments as he may determine.

(12) An employer shall at the request of an employee or the dependant of an employee furnish such employee or dependant with a copy of the notice of the accident furnished by the employer to the commissioner in respect of a claim for compensation by such employee or dependant.

Specific Reference: 41. Particulars in support of claim

41.Particulars in support of claim

(1) An employee who has met with an accident shall, when reporting the accident or thereafter at the request of the employer or commissioner, furnish such information and documents as may be prescribed or as the employer or commissioner may direct.

(2) Subject to section 62, an employer shall within seven days after having received a claim, medical report or other documents or information concerning such claim send such claim, report, documents or information to the commissioner.

[Sub-s. (2) substituted by s. 15 of Act 61/97]"

Specific Reference:42. Employee to submit to medical examination

42.Employee to submit to medical examination

(1) An employee who claims compensation or to whom compensation has been paid or is payable shall when so required by the Director-General or the employer or mutual association concerned, as the case may be, after reasonable notice, submit himself at the time and place mentioned in the notice to an examination by the medical practitioner designated by the Director-General or the employer or mutual association concerned.

(2) Such expenses incurred by the employee to comply with the provisions of this section as the Director-General may deem necessary and reasonable, and the prescribed remuneration for a medical examination in terms of this section, shall be paid by the party requiring the examination.

(3) If, in the opinion of any medical practitioner, the employee is not capable of calling upon the designated medical practitioner, the employee shall inform the party requiring the examination thereof or cause him to be so informed, and the designated medical practitioner shall then examine the employee at a time and place as agreed upon.

(4) An employee shall be entitled at his own expense to have a medical practitioner or chiropractor of his choice present at an examination by a designated medical practitioner."

Specific Reference: 43. Claim for compensation

43.Claim for compensation

(1)

(1)

(a) A claim for compensation in terms of this Act shall be lodged by or on behalf of the claimant in the prescribed manner with the commissioner or the employer or the mutual association concerned, as the case may be, within 12 months after the date of the accident or, in the case of death, within 12 months after the date of death.

(b) If a claim for compensation is not lodged as prescribed in paragraph (a), such claim for compensation shall not be considered in terms of this Act, except where the accident concerned has been reported in terms of section 39.

(2) Notwithstanding subsection (1) (a) a claim for compensation by any seaman or airman may be lodged with the person in command of the ship or aircraft concerned, as the case may be, except if such seaman or airman is himself the person in command.

(3) If any seaman or airman meets with an accident outside the Republic resulting in death, a claim for compensation shall be instituted within 12 months after news of the death has been received by any dependant claiming compensation.

(4) The provisions of section 38 shall apply mutatis mutandis in respect of any failure to institute a claim or in respect of any error or inaccuracy in a claim instituted in terms of this section."

Specific Reference: 47. Compensation for temporary total or partial disablement

47.Compensation for temporary total or partial disablement

(1)

(1)

(a) Compensation for temporary total disablement shall be calculated on the basis set out in item 1 of Schedule 4 subject to the minimum and maximum amounts.

[Para. (a) substituted by s. 17 of Act 61/97]

(b) ………

[Para. (b) deleted by s. 17 of Act 61/97]

(2) Compensation for temporary partial disablement shall consist of such portion of the amount calculated in terms of subsection (1) as the Director-General may consider equitable.

(3)

(3)

(a) Notwithstanding section 29 the employer in whose service an employee is at the time of the accident shall be liable for the payment of the compensation referred to in subsection (1) for the first three months from the date of accident.

(b) After the expiry of the said three months, compensation so paid by such employer shall be repaid to the employer by the Director-General or mutual association concerned, as the case may be.

[Para. (b) substituted by s. 17 of Act 61/97]

(c) An employer who fails to comply with paragraph (a) shall be guilty of an offence.

[Para. (c) added by s. 17 of Act 61/97]

(4) Payment of compensation in terms of subsections (1) and (2) shall take place in the form of periodical payments at such times and intervals, but not exceeding one month, as the Director-General may determine.

(5)

(5)

(a) Periodical payments shall take place for so long as the temporary total disablement continues, but not for a period exceeding 24 months.

[Para. (a) substituted by s. 17 of Act 61/97]

(b) If such disablement continues for longer than 12 months, the Director-General may order the continuation of those payments for such further period as he may determine.

(6) Temporary total disablement continuing for more than 24 months may be treated by the Director-General as permanent disablement.

(7)

(7)

(a) No periodical payments shall be payable for the period in respect of which the employer pays the cost of maintenance of an injured seaman in terms of the merchant shipping law.

(b) Notwithstanding paragraph (a) such payments may be made as the Director-General may deem equitable but not exceeding the amount contemplated in subsection (1)."

Specific Reference: 56. Increased compensation due to negligence of employer

56.Increased compensation due to negligence of employer

(1) If an employee meets with an accident or contracts an occupational disease which is due to the negligence -

(a) of his employer;

(b) of an employee charged by the employer with the management or control of the business or of any branch or department thereof;

(c) of an employee who has the right to engage or discharge employees on behalf of the employer;

(d) of an engineer appointed to be in general charge of machinery, or of a person appointed to assist such engineer in terms of any regulation made under the Minerals Act, 1991 (Act No. 50 of 1991); or

(e) of a person appointed to be in charge of machinery in terms of any regulation made under the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), the employee may, notwithstanding any provision to the contrary contained in this Act, apply to the commissioner for increased compensation in addition to the compensation normally payable in terms of this Act.

(2) For the purposes of subsection (1) an accident or occupational disease shall be deemed also to be due to the negligence of the employer if it was caused by a patent defect in the condition of the premises, place of employment, equipment, material or machinery used in the business concerned, which defect the employer or a person referred to in paragraph (b), (c), (d) or (e) of subsection (1) has failed to remedy or cause to be remedied.

(3)

(3)

(a) An application for increased compensation in terms of this section shall be lodged with the commissioner in the prescribed manner within 24 months after the date of the accident or the commencement of the occupational disease, but the commissioner may extend that period by a further period not exceeding 12 months if he is satisfied that there are good reasons why the employee did not lodge his application within that period, and that neither the compensation fund nor the employer will unreasonably be prejudiced by the extension of such period.

(b) The commissioner shall, as soon as possible after receipt of such an application, send a copy thereof to the employer in whose employ the employee was at the time of the accident or the employer in whose employ the employee was when he contracted the occupational disease.

(c) The provisions of sections 6, 7, 45 and 46 shall, subject to such rules as the commissioner may prescribe for the facilitation of the consideration of applications in terms of this section, applymutatis mutandis in respect of such an application.

(4)

(4)

(a) If the Director-General is satisfied that the accident or occupational disease was due to negligence as referred to in subsection (1), he shall award the applicant such additional compensation as he may deem equitable.

(b) The amount of such additional compensation together with any other compensation awarded in terms of this Act shall not exceed the amount of the pecuniary loss which the applicant has in the opinion of the Director-General suffered or can reasonably be expected to suffer as a direct result of the said accident or occupational disease.

(5) The Director-General may deal with an application in terms of subsection (1) mutatis mutandis in accordance with the procedure prescribed in section 91 as if it were an objection in terms of that section.

(6) The presiding officer may in any proceedings in terms of this section make such an order as to costs and the payment thereof as he may deem fit.

[Sub-s. (6) amended by s. 23 of Act 61/97]

(7)"

Specific Reference: 56. Increased compensation due to negligence of employer

56.Increased compensation due to negligence of employer

(1) If an employee meets with an accident or contracts an occupational disease which is due to the negligence -

(a) of his employer;

(b) of an employee charged by the employer with the management or control of the business or of any branch or department thereof;

(c) of an employee who has the right to engage or discharge employees on behalf of the employer;

(d) of an engineer appointed to be in general charge of machinery, or of a person appointed to assist such engineer in terms of any regulation made under the Minerals Act, 1991 (Act No. 50 of 1991); or

(e) of a person appointed to be in charge of machinery in terms of any regulation made under the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), the employee may, notwithstanding any provision to the contrary contained in this Act, apply to the commissioner for increased compensation in addition to the compensation normally payable in terms of this Act.

(2) For the purposes of subsection (1) an accident or occupational disease shall be deemed also to be due to the negligence of the employer if it was caused by a patent defect in the condition of the premises, place of employment, equipment, material or machinery used in the business concerned, which defect the employer or a person referred to in paragraph (b), (c), (d) or (e) of subsection (1) has failed to remedy or cause to be remedied.

(3)

(3)

(a) An application for increased compensation in terms of this section shall be lodged with the commissioner in the prescribed manner within 24 months after the date of the accident or the commencement of the occupational disease, but the commissioner may extend that period by a further period not exceeding 12 months if he is satisfied that there are good reasons why the employee did not lodge his application within that period, and that neither the compensation fund nor the employer will unreasonably be prejudiced by the extension of such period.

(b) The commissioner shall, as soon as possible after receipt of such an application, send a copy thereof to the employer in whose employ the employee was at the time of the accident or the employer in whose employ the employee was when he contracted the occupational disease.

(c) The provisions of sections 6, 7, 45 and 46 shall, subject to such rules as the commissioner may prescribe for the facilitation of the consideration of applications in terms of this section, applymutatis mutandis in respect of such an application.

(4)

(4)

(a) If the Director-General is satisfied that the accident or occupational disease was due to negligence as referred to in subsection (1), he shall award the applicant such additional compensation as he may deem equitable.

(b) The amount of such additional compensation together with any other compensation awarded in terms of this Act shall not exceed the amount of the pecuniary loss which the applicant has in the opinion of the Director-General suffered or can reasonably be expected to suffer as a direct result of the said accident or occupational disease.

(5) The Director-General may deal with an application in terms of subsection (1) mutatis mutandis in accordance with the procedure prescribed in section 91 as if it were an objection in terms of that section.

If increased compensation has been awarded in terms of this section the Director-General may for such period as he may deem necessary apply the provisions of section 85 (2) in respect of the employer of the employee concerned."

Applicable Act: Employment Equity Act 55 of 1998

Specific Reference: 7. Medical testing

7.Medical testing

(Section 7(1): Decided cases)

(Section 7(1): Decided cases)

(1) Medical testing of an employee is prohibited, unless -

(a) legislation permits or requires the testing; or

(b) it is justifiable in the light of medical facts, employment conditions, social policy, the fair distribution of employee benefits or the inherent requirements of a job.

(Section 7(2): Decided cases)

(Section 7(2): Decided cases)

(2) Testing of an employee to determine that employee’s HIV status is prohibited unless such testing is determined justifiable by the Labour Court in terms of section 50 (4) of this Act.

(2) Testing of an employee to determine that employee’s HIV status is prohibited unless such testing is determined justifiable by the Labour Court in terms of section 50 (4) of this Act.

(Commencement date of s. 7: 9 August 1999)"

Specific Referenc: 54. Codes of good practice

54.Codes of good practice

(1) The Minister may, on the advice of the Commission -

(a) issue any code of good practice;8 and

(a) issue any code of good practice;8 and

(b) change or replace any code of good practice.

(2) Any code of good practice, or any change to, or replacement of, a code of good practice must be published in the Gazette.

(Commencement date of s. 54: 9 August 1999)

_____________

8. This is an enabling Act. The codes of good practice are intended to provide employers with information that may assist them in implementing this Act, particularly Chapter III. Issues that are likely to be the subject of codes include the following-

8. This is an enabling Act. The codes of good practice are intended to provide employers with information that may assist them in implementing this Act, particularly Chapter III. Issues that are likely to be the subject of codes include the following-

- the preparation of employment equity plans;

- advertising, recruitment procedures and selection criteria;

- special measures to be taken in relation to persons with disabilities including benefit schemes;

- special measures to be taken in relation to persons with family responsibilities;

- sexual harassment and racial harassment;

- internal procedures to resolve disputes about the interpretation or application of this Act; and sector-specific issues;

- guidelines for employees on the prioritisation of certain designated groups."

Applicable Act: Fire Bridge Service Act, 99 of 1987

Specific Reference: 3. Services of local authorities

3.Services of local authorities

(1) A local authority may establish and maintain a service in accordance with the prescribed requirements.

(2) The Administrator may, after consultation with the Board and the local authority concerned, direct a local authority -

(a) to maintain a service which it has established; or

(b) to establish and maintain a service,

in accordance with the prescribed requirements.

(3) A service contemplated in this section shall be employed inside the area of the local authority concerned, unless such local authority is requested, or in terms of an agreement contemplated in section 12 obliged, to employ the service outside the area.

[Sub-s. (3) substituted by s. 3 of Act 83/90]"

Specific Reference: 8. Powers of members of service

8.Powers of members of service

(1) A member of a service of a controlling authority, including a chief fire officer, may, whenever he regards it necessary or expedient in order to perform his functions, perform any act, and may also -

(a) close any road or street;

[Para. (a) substituted by s. 7 of Act 83/90]

(b) enter or break and enter any premises;

(c) damage, destroy or pull down any property;

(d) forcibly remove or cause to be removed from the scene any person who is in danger or who obstructs that member in the performance of his duties; and

(e) take material or any object from any person: Provided that the owner of the material or object so taken shall be compensated therefor by the controlling authority concerned to an amount agreed upon by the controlling authority and the owner, or in the absence of such agreement, an amount determined by arbitration in accordance with the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965).

(2) A member of a service of a controlling authority, including a chief fire officer, may, whenever he regards it necessary in order to perform his functions, order any inhabitant of the Republic who is not younger than 16 years and not older than 60 years to assist him in the performance of his functions on any particular occasion."

Specific Reference: 12. Agreements

12.Agreements

(1) Subject to any condition contemplated in section 11 (2) (a) a controlling authority may, with a view to the more efficient employment of its service, conclude a written agreement -

(a) with any other controlling authority in terms of which the parties undertake to co-operate on the conditions as may be agreed upon; or

(b) with any other person in terms of which the controlling authority undertakes to make available its service to that person, or in terms of which that person undertakes to make available his material or equipment to the controlling authority.

(2) A controlling authority may under subsection (1) undertake to employ its service inside or outside its area or inside or outside the province in which its area is situated.

(3) A controlling authority may, with the concurrence of the Administrator and the Minister of Foreign Affairs, conclude an agreement in terms of which -

(a) the controlling authority undertakes to make available its service, on such conditions as may be agreed upon, to any person, institution or body in any other state; or

(b) a person, institution or body in any other state undertakes to make available a service, on such conditions as may be agreed upon, to the controlling authority.

[Sub-s. (3) added by s. 21 of Act 134/92]"

Specific Reference: 17. Failure to comply with requirements

17.Failure to comply with requirements

(1) If a person, including a local authority and a department of State, fails to comply with a requirement, standard or direction determined or issued under this Act or the regulations contemplated in section 15, the Administrator may by written notice direct a local authority, and the Minister may by written notice direct any other person, to comply with the requirement, standard or direction within the period mentioned therein.

(2) If such a person fails to give effect to such a notice, the Administrator or Minister, as the case may be, may cause steps to be taken in order to comply with the requirement, standard or direction on behalf of the person concerned and to recover the costs in connection therewith from that person.

(3) A direction referred to in subsection (1) shall not be issued before consultation with the local authority or person concerned, as the case may be."

Specific Reference: 18. Enforcement of provisions

18.Enforcement of provisions

(1) A chief fire officer may at any reasonable time enter any premises in the area of the controlling authority concerned in order to determine whether the provisions contemplated in sections 15 (1) (a), (d), (e) and (g) and 16 are being complied with.

(2) If the chief fire officer finds that such provisions are not being complied with, he may issue to the owner of those premises, or his authorized agent, a written instruction to comply with the provisions in question within the period mentioned therein.

[Sub-s. (2) substituted by s. 13 of Act 83/90]

(3) If an instruction contemplated in subsection (2) is not carried out within the period mentioned therein, the controlling authority concerned may cause the necessary steps to be taken in order to comply with the provisions in question on behalf of the owner concerned and to recover the costs in connection therewith from the owner.

(4) For the purposes of this section “owner” means the registered owner of the premises or in relation to a sectional title scheme, the body corporate established in terms of the Sectional Titles Act, 1986 (Act No. 95 of 1986)."

Applicable Act: Standard By-laws Relating to Fire Brigade Services (AN 1687)

Specific Reference: 6. Obstruction and Damage

6.Obstruction and Damage

(1) No person shall interfere with, or hinder any official of the service, or any traffic officer or member of a police force or other person acting under the orders of such official, officer, or member in the execution of his duties under these By-laws or the Ordinance.

(2) No person shall wilfully or negligently drive a vehicle over any hose, or damage, tamper with or interfere with any such hose or any appliance or apparatus of the service."

Specific Reference: 8. Combustible Material

8.Combustible Material

(1) Where the chief fire officer is of the opinion that any person-

(a) stores or causes or permits to be stored, whether inside or outside any building any timber, packing cases, forage, straw or other combustible material in such quantities or in such a position or in such manner as to create a danger of fire to any building; or

(b) in occupation or control of any premises permits any trees, bushes, weeds, grass or other vegetation to grow on such premises, or any rubbish to accumulate thereon in such a manner or in such quantities as to create a danger of fire to any building or any premises, the chief fire officer may by notice in writing require such person or the owner of occupier or the person in charge of the premises to remove the said combustible material or grass, weeds trees, other vegetation or rubbish, or to take such other reasonable steps to remove the danger of fire as he may prescribe in such notice by a specified date.

(2) Where there has been no compliance with the requirements of the notice the chief fire officer may take such steps as he deems necessary to remove such danger and the cost thereof shall be paid to the council by the person to whom the notice was directed."

Specific Reference: 10. Exits

10.Exits

Every door which affords an escape route from a public building to a place of safety shall be kept unlocked and shall be clearly indicated with approved exit signs: Provided that such door may be locked by means of an approved device installed in such a manner as to enable such door at all times to be opened from the inside of such building.

Applicable Act: Firearms Control Act, 60 of 2000

Specific Reference: 2. Offences in respect of animals

Storage of firearms and ammunition

(1) Where a person provides storage facilities for firearms or ammunition to another persons, such storage facilities must conform to the applicable requirements for a safe or strongroom as set in the SABS Standard 953-1 or 953-2.

(2) Storage may only be provided to a person who may lawfully possess the firearm or ammunition.

(3) A holder of a dealer or gunsmith's licence may provide storage for firearms and ammunition in the safe or strongroom specified on the dealer's or gunsmith's licence.

(4) During the storage of a firearm, it must be-

(a) unloaded;

(b) not readily accessible to unauthorised use; and

(c) securely attached with a secure locking device to a non-portable structure in such a manner that it can not readily be removed.

Part 2

Firearm transporter's permit

68. Packaging of firearms and ammunition during transportation

(1) During transportation of firearms and ammunition by a holder of a firearm transporter's permit-

(a) firearms must be packed separately from ammunition, and all ammunition must be removed from firearms in a safe manner, before transportation;

(b) firearms and ammunition must be transported in an appropriately locked metal container, and must be packed to ensure maximum safety and minimum exposure; and (c) direct continues supervision and control of firearms and ammunition being transported is required.

(2) These provisions do not derogate from any other provision in a law prescribing standards for the transportation of firearms and ammunition.

69. Application in respect of a firearm transporter's permit

(1) A person who applies for a firearm transporter's permit must, in addition to the requirements of regulation 13, submit-

(a) proof that a proper functioning two way communication system between the vehicle transporting the firearms or ammunition and the applicant is in operation;

(b) a detailed description of the safety measures fitted to the vehicle that will be used; and

(c) a detailed description of security precautions that will be in place during the transportation.

70. Conditions in respect of firearm transporter's permit

The Registrar may impose the following conditions on the holder of a firearm transporter's permit:

(a) A firearm transporter may only lawfully possess and transport firearms and ammunition, if such firearm transporter has obtained the prior written consent of the holder of a licence, permit or authorisation in respect of the firearms and ammunition to be transported;

(b) (i) a firearm transporter making use of road transport must provide to the person in charge of every transportation, a typed list of names of personnel employed by the transporter who will be directly involved in the transportation of the consignment of the firearms and ammunition;

(ii) the list must contain the full names and identity numbers of the employees concerned; and

(iii) the list must be attached to a certified copy of the firearm transporter's permit and this documentation must during the transportation be in possession of the person directly in charge of the transportation;

(c) a certified copy of the firearm transporter's permit and the list of names contemplated in subregulation (b)(ii), will, as long as it is in the possession of the person exercising direct continuous control as contemplated in regulation 68(1)(c), serve as authority to the personnel of a transporter who are named in the list to receive,"

"transport, store and deliver the specified consignment of firearms or ammunition during the permit period;

(d) the arrangements for the receipt, carriage and delivery of the firearms and ammunition, the safe and efficient transportation thereof, the mode of transport by which the transportation is to take place including the type and construction of the vehicle to be used, as well as, the containers, minimum personnel to be involved, and minimum communication facilities available to the transporter must, within the sole discretion of the Registrar, be adequate to ensure the safe and secure transport and storage of the firearms and ammunition;

(e) a firearm transporter who transports firearms or ammunition must during the time of such transport be in possession of-

(i) a consignment-note on which the following particulars appear:

(aa) The full name, surname, identity number or registration number as the case may be, and physical address of the transporter;

(bb) the name and address of the consignor and the holder of licence, permit or authorisation in respect of the firearms and ammunition;

(cc) the quantity, type of action, manufacturer's serial number, model, make and calibre of the firearm and quantity, make and calibre of ammunition; and

(dd) the physical address where the firearms and ammunition were collected and the physical address of its final destination;

(ii) the permit authorising the transportation of such firearms and ammunition;

(iii) any other document which may under this regulation or any other law be required;

(f) a firearm transporter must with due regard to the provisions of section 146 of the Act and regulation 102(1) keep the documents referred to in subregulation (i) for a period of five years after the transportation at his or her place of business and produce it, on request to any police official for inspection;

(g) where a firearm transporter is obliged to store the firearms or ammunition for any period of time after receipt and before delivery, such storage must comply with the requirements for safe custody and storage determined by the Registrar which may not detract from the provisions of regulation 86;

(h) while a consignment of firearms or ammunition is en route it must at all times be under the direct supervision of the firearm transporter or his or her personnel and the transportation must comply with the requirements for the transportation of firearms and ammunition set in terms of subregulation (d);

(i) the firearm transporter must obtain from the consignee a written confirmation of the taking of possession of the consignment of firearms and ammunition and the confirmation must contain the following information-

(i) the name and surname of recipient;

(ii) the recipient's address;

(iii) the date and time of delivery;

(iv) the description of firearms and ammunition received; and

(v) the signature of the recipient which serves as confirmation of the correctness of the information provided in subparagraphs (i) to (iv).

(j) a copy of the written confirmation contemplated in subparagraph (i) must be delivered by the firearm transporter to the police official who issued the in transit permit;

(k) a firearms transporter's permit is not transferable;

(l) the firearm transporter must immediately notify the Registrar in writing in the event of non-delivery, loss or theft of any of the firearms or ammunition reflected in the consignment note; and

(m) in the event of any change to the"

"particulars reflected in the permit, a new application must be lodged in accordance with these regulations.

71. Duplicate transporter's permit

(1) The Registrar may, on good cause shown on application by the holder of a transporter's permit issue a duplicate of a transporter's permit that was issued to that holder.

(2) Only a duplicate transport permit issued in accordance with this regulation will be valid.

72. Cancellation of transporter's permit

73. Record of prescribed information in respect of firearm transporter's permits

The Office of the Firearms Register must keep a record of the following information in respect of firearm transporter's permits issued under section 86 of the Act-

(a) name of the police station where the application was submitted;

(b) details of the person who completed the application;

(c) reason if the application was refused;

(d) details of the applicant;

(e) details of the premises where the business as firearm transporter is conducted;

(f) details of the safe storage facilities where firearms and ammunition will be kept;

(g) details of duplicate permits that were issued; and

(h) period of validity of the transporters permit.

CHAPTER 8

CONTROL OF AMMUNITION AND FIREARM PARTS

74. Application for authorisation to possess more than 2400 primers and to possess more than 200 cartridges

The holder of a licence to possess a firearm, other than a dedicated hunter or dedicated sports person, who wishes to possess an excess of 2400 primers or, for a firearm of which he or she holds a licence in excess of 200 cartridges, must apply to the Registrar for the authorisation contemplated in section 91(2)(a) and 93(2)(a) of the Act on the applicable form prescribed in Annexure A"" which must be handed to the relevant Designated Firearms Official. "

"CHAPTER 9

OFFICIAL INSTITUTIONS

76. Conditions in respect of acquisition, use, safe custody and disposal of firearms by accredited Official Institution

(1) Firearms must be stored by an Official Institution in a safe or a strongroom that conforms to the applicable prescripts of SABS Standard 953-1 and 953-2.

(2) An Official Institution as contemplated in section 95(a)(vi) may only dispose of firearms acquired under this Act in the following manner-

(a) transferring in accordance with the provisions of the Act;

(b) destruction as provided for under section 149 of the Act;""

""or (c) displaying in a museum that is accredited in terms of these regulations and which is under the control of the Official Institution: Provided that the provisions of section 19(2), (3), (5) and (6) of the Act and regulation 19 and 20 shall apply in respect of the acquisition, use and safe custody of firearms and ammunition displayed in such accredited museum.

(3) An Official Institution accredited in terms of section 95(a)(vi) of the Act must submit the duly completed relevant application form prescribed in Annexure “A” together with any required supporting documents when acquiring additional firearms.

(4) The application form must be completed in black ink by the responsible person appointed by the Head of an Official Institution.

77. Information that the permit issued under section 98 of the Act must contain

(1) The permit issued under Chapter 11 of the Act must contain-

(a) the name of the Official Institution;

(b) initials and surname of the permit holder;

(c) official personnel number of the permit holder;

(d) full particulars of the firearm issued to the permit holder and must include:

(i) The make of the firearm;

(ii) type of the firearm;

(iii) calibre of the firearm; and

(iv) manufacturer’s serial number or additional identification mark contemplated in section 23(4) of the Act that is reflected on the firearm;

(e) the date of issue of the permit and the date of expiry of the permit;

(f) information whether the employee has been authorised to-

(i) have the firearm in his or her possession after working hours;

(ii) carry the firearm on his or her person outside his or her workplace in compliance with the requirements of section 84 of the Act; and

(iii) store the firearm at his or her place of residence in a safe or strongroom that conforms to the prescripts of SABS Standards 953-1 or 953-2; and

(g) the signature of the authorising official.

78. Carrying of handgun by employee of Official Institution in holster

A holster contemplated in section 98(5)(a) of the Act must conform to the following requirements when the employee of the Official Institution is on duty and performs official duties:

(a) In uniform, the firearm must be carried in a holster that is worn by or attached to his or her person and the make must be such that a safety-clip to lock in the firearm must be provided and such a holster may be exposed;

(b) in mufti, the firearm must be carried in a holster that is worn by or attached to his or her person and the make must be such that a safety-clip to lock in the firearm must be provided and such a holster must be concealed.

79. Prescribed training and test in respect of employee of Official Institution "

"(1) The training and testing of an employee for the safe use of firearms as contemplated in section 98(8)(b) of the Act, must comply with the provisions of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995) read with the Skills Development Act, 1998 (Act No. 97 of 1998).

(2) (a) The Head of an Official Institution must apply the provisions of section 9(2)(d) to (p) of the Act in respect of an employee who will be required to handle firearms as part of his or her work and to whom the Official Institution will issue a firearm and firearm permit to ensure the competency of the employee of the Official Institution to possess and use a firearm under the control of the Official Institution.

(b) In order to sustain the competency of an employee of an Official""

""Institution to whom a firearm was issued the head of the Official Institution must-

(i) subject to subregulation (3), ensure that he or she undergo at least one practical training session at least every 12 months or within a shorter period as may be reasonably necessary in the circumstances, in the proper and safe handling and use of the relevant firearm and ammunition; and

[Subpara. (i) substituted by GN R275/2020]

(ii) undergo psychological debriefing within 48 hours after experiencing any violent incident, discharging their firearm or witnessing a shooting.

(3) In order to sustain the competency of an employee of an Official Institution contemplated in section 95(a)(ii) of the Act to whom a firearm was issued or may be issued, the head of that Official Institution must ensure that an employee of that Official Institution undergo at least one practical training session at least every 60 months or within such a shorter period as the Head of that Official Institution may from time to time direct, in the proper and safe handling and use of the relevant firearm and ammunition.

[Subreg. (3) inserted by GN R275/2020]

80. Provision of firearm training by Official Institutions

(1) An Official Institution that provide firearms to its employees, must ensure that its employees receive the necessary practical and theoretical training to ensure that the employees are competent to possess and use the firearms.

(2) All practical training or testing which will involve the actual firing of a firearm shall be conducted at a shooting range that complies with the applicable compulsory specification set in terms of the Standards Act, 1993 (Act No. 29 of 1993) and which has been accredited under this Act.

(3) An Official Institution must ensure that the prescribed training is only provided by a person registered in terms of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995) read with the Skills Development Act, 1998 (Act No. 97 of 1998) and who is accredited with POSLEC SETA as a service provider to provide training in the safe use and handling of firearms.

81. Registers to be kept by Official Institution

(1) The head of an Official Institution must keep a register as contemplated in section 99(1) of the Act in the format of an electronic database known as “the Firearms Stock Register”, in respect of every firearm contemplated in section 99(2) of the Act, as well as, all ammunition pertaining to such firearms which it has under its control.

(2) The Firearms Stock Register must be accessible at the place where the firearms and ammunition are stored and controlled.

82. Particulars that register must contain

(1) A register contemplated in section 99 of the Act must, in addition to the particulars prescribed in section 99(2) of the Act contain-

(a) the make, type, calibre of the firearm, as well as, every manufacturer’s serial number or additional identification mark contemplated in section 99(3) of the Act that is reflected on the firearm under control of the Official Institution;

(b) the full particulars and address of the institution from whom the firearm was acquired or to whom and how it was disposed of;

(c) calibre, make, quantity, date of receipt and handing out of ammunition under its control; and

(d) concerning the employee who, in terms of Chapter 11 of the Act is allowed to be in possession of the firearm, a detailed record of the-

(i) make, type, calibre of the firearm, as well as, every""

""manufacturer’s serial number or additional identification mark contemplated in section 99(3) of the Act that is reflected on the firearm that was handed to the employee concerned;

(ii) calibre, make and quantity of ammunition that was handed to the employee concerned;

(iii) full names, surname, identity number and physical address of the employee to whom the firearm and ammunition was provided;

(iv) date and time of issuing of the firearm and ammunition;

(v) reference number of the permit contemplated in section 98 of the Act that was issued to the employee; and

(vi) date and time of the return of the firearm.

(2)

(a) The head of an Official Institution must keep a printed record at the place where the firearm and ammunition is stored and controlled whereon, at the handing over of and return of the firearm and ammunition, the employee must append his or her signature as proof of receipt and return of the firearm and ammunition.

(b) The permit contemplated in section 98 of the Act must on the return of the firearm and ammunition be affixed to the record contemplated in subparagraph (a).

(3) The head of an Official Institution, must keep a register prescribed in this regulation for a period of 10 years from the date of the last entry therein.

83. Identification marks in respect of firearms under control of Official Institution

The Registrar may allocate a unique identification mark to an Official Institution which must be stamped, engraved, stencilled or etched on the metal part of the firearm and which must not form part of the manufacturer’s serial number or additional identification mark contemplated in section 23 of the Act.

84. Establishment of central Official Institution firearms database

1) The Registrar must maintain a central Official Institution firearms database which is linked and can interface with the electronic network connectivity of the workstations of Official Institutions as contemplated in regulation 85. (2) The central Official Institution firearms database must contain the-

(a) particulars prescribed in regulation 82(1); and

(b) full names, surname, identity number and physical address of every employee who was issued with a permit contemplated in section 98 of the Act.

85. Establishment and maintenance of Official Institution’s workstation

(1) The workstation of an Official Institution contemplated in section 101 of the Act, must be linked to the central Official Institution firearms database by way of software and an electronic network connectivity that can interface with the infrastructure and standards of the South African Police Service.

(2) An Official Institution must establish a 24 hour on line electronic connectivity which links the registers prescribed in regulation 82 to the central Official Institution firearms database.

(3) If any circumstance occur which prevents an Official Institution to provide online access by means of the electronic network connectivity as contemplated in section 101(b) of the Act, the Registrar must be informed immediately in order to establish alternative means to gain such access.

Specific Reference: 86. Safes and Safety Custody

86.Safes and Safe Custody

(1) A person in respect of whom a change of information occurred as contemplated in sections 26(1), 38(1), 52(1) and 66(1) of the Act, must notify the Registrar thereof by submitting to the relevant Designated Firearms Officer a written notification of such change of circumstances on the applicable form as prescribed in Annexure “A”. (2) When the replacement of a responsible person as contemplated in section 7(4) of the Act occurs, the juristic person must notify the Registrar thereof by submitting the duly completed applicable form together with a copy of the identity document and a set of fingerprints of the newly nominated person, as well as, documentary proof that the person may lawfully act on behalf of the juristic person.

Applicable Act: Health Professions Act 56 of 1974

Specific Reference: 17. Registration a prerequisite for practising

17. Registration a prerequisite for practising

(1) No person shall be entitled to practise within the Republic -

(a) any health profession registrable in terms of this Act; or

(b) except in so far as it is authorised by legislation regulating health care providers and sections 33, 34 and 39 of this Act, any health profession the practice of which mainly consists of-

(i) the physical or mental examination of persons;

(ii) the diagnosis, treatment or prevention of physical or mental defects, illnesses or deficiencies in man humankind;

(iii) the giving of advice in regard to such defects, illnesses or deficiencies; or

(iv) the prescribing or providing of medicine in connection with such defects, illnesses or deficiencies, unless he or she is registered in terms of this Act.

[Subs. (1) amended by s. 2 of Act 33/76, s. 8 of Act 58/92 and s. 15 of Act 89/97 and substituted by s.17 of Act 29/2007]

(1A) The provisions of subsection (1)(b) must not be construed as permitting the performance by a person registered under any of the laws contemplated in that subsection of any act which is not performed in the ordinary course of the practising of his or her profession.

[Subs. (1A) inserted by s.17 of Act 29/2007]

(2) Every person desiring to be registered in terms of this Act shall apply to the registrar and shall submit the qualification which, in his or her submission, may entitle him or her to registration, together with such proof of identity and good character and of the authenticity and validity of the qualifications submitted as may be required by the professional board concerned.

[Subs. (2) substituted by s. 15 of Act 89/97 and s. 17 of Act 29/2007]

(3) If the registrar is satisfied that the qualifications and the other documents submitted in support of the application satisfy the requirements of this Act, he or she shall, upon payment by the applicant of the prescribed registration fee, issue a registration certificate authorising the applicant, subject to the provisions of this Act or of any other law, to practise the health profession in respect whereof he or she has applied for registration, within the Republic.

[Subs. (3) substituted by s. 47 of Act 57/75 and s. 17 of Act 29/2007]

(4) If the registrar is not satisfied that the qualification or other documents submitted in support of the application satisfy the requirements of this Act, he or she shall refuse to issue a registration certificate to the applicant, but shall, if so required by the applicant, submit the application to the professional board concerned for decision.

[Subs. (4) substituted by s. 15 of Act 89/97]

(5) Any person who is not registered in terms of this Act and practises a health profession in contravention of this section or who pretends to hold such registration is guilty of an offence and on conviction is liable to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.

[Subs. (5) added by s. 17 of Act 29/2007]"

Specific Reference: 22. Register a proof

22. Register as proof

(1) A copy of the last published issue of a register or any supplementary list purporting to be printed and published on the authority of the council shall be prima facie proof, in all legal proceedings, of the fact therein recorded, and the absence of the name of any person from such copy shall be proof, until the contrary is proven, that such person is not registered according to the provisions of this Act: Provided that in the case of any person whose name-

[Words preceding para. (a) substituted by s. 22 of Act 29/2007]

(a) does not appear in such copy, or whose name has been added to the register after the date of the last published issue thereof, a certified copy under the hand of the registrar of the entry of the name of such person in the register, shall be proof that such person is registered under the provisions of this Act;

(b) has been removed from the register since the date of the last published issue thereof and has not been restored thereto, a certificate under the hand of the registrar that the name of such person has been removed from the register shall be proof that such person is not registered according to the provisions of this Act.

(2) A certificate of registration shall be evidence of registration for a period of one year only and thereafter an annual practising certificate, which shall be issued upon payment of the required annual fee and the submission of such information as may be required by the council to enable it to keep accurate statistics on human resources in the health field, shall be regarded as proof of registration.

[Subs. (2) added by s. 19 of Act 89/97]"

Specific Reference: 34. Registration a prerequisite for practising a profession in respect of which a professional board has been established

34. Registration a prerequisite for practising a profession in respect of which a professional board has been established

[Heading substituted by s. 32 of Act 29/2007]

(1) Subject to the provisions of sections 33(2)(c) and 39, no person shall practise within the Republic any health profession the scope of which has been defined by the Minister in terms of section 33 (1), unless he or she is registered in terms of this Act in respect of such profession.

[Subs. (1) substituted by s. 31 of Act 89/97 and s. 32 of Act 29/2007]

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and on conviction liable to the penalties mentioned in section 39.

[S. 34 substituted by s. 4 of Act 43/80]"

Specific Reference: 55. Penalty for false representation inducing registration, for false entries in register and for impersonation

55. Penalty for false representation inducing registration, for false entries in register and for impersonation

Any person who -

(a) procures or attempts to procure for himself or herself or any other person registration under this Act or any certificate, order or prescription referred to in this Act by means of a false representation, whether verbally or in writing, or aids or abets any person in so doing;

(b) makes or causes to be made any unauthorized entry or alteration in or removal from a register or certified copy thereof or extract therefrom or on any certificate issued under this Act;

(c) ……….

[Para. (c) deleted by s. 55 of Act 89/97]

(d) wilfully destroys or damages or renders illegible or causes to be destroyed, damaged, or rendered illegible any entry in the register, or, without the permission of the holder thereof, any certificate issued under this Act;

(e) forges or, knowing it to be forged, utters any document purporting to be a certificate issued under this Act;

(f) impersonates any person registered in terms of this Act; or

(g) supplies or offers to supply to any person not registered under this Act or the Nursing Act, 2005, any instrument or appliance which can be used, or is claimed to be effective, for the purpose of diagnosing, treating or preventing physical or mental defects, illnesses or deficiencies in humankind, knowing that such instrument or appliance will be used by such unregistered person for the purpose of performing an act which such unregistered person is in terms of the provisions of this Act or the said Nursing Act prohibited from performing,

[Para. (g) substituted by s. 17 of Act 58/92 and s. 47 of Act 29 /2007]shall be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.

[Words following para. (g) substituted by s.47 of Act 29/2007]"

Applicable Act: Health Professions Act, 56 of 1974 - BN 29 - Rules Relating to Continuing Education and Training for Registered Health Practitioners

Specific Reference: Health Professions Act, 56 of 1974 | Rules Relating to Continuing Education and Training for Registered Health Practitioners

Health Professions Act, 56 of 1974 | Rules Relating to Continuing Education and Training for Registered Health Practitioners

Published under Board Notice 29 in Government Gazette 29716 of 23 March 2007 and amended by:

BN 93 GG 30253 7/9/2007

The Health Professions Council of South Africa has, under section 26 of the Health Professions Act, 1974 (Act No. 56 of 1974), made the rules set out in the Schedule.

Applicable Act: Health Professions Act, 56 of 1974 - GN R1883 - Regulations Relating to the Returns and Information to be Furnished by Registered Persons

Specific Reference: Health Professions Act, 56 of 1974 - GN R1883 - Regulations Relating to the Returns and Information to be Furnished by Registered Persons

Health Professions Act, 56 of 1974 | Regulations Relating to the Returns and Information to be Furnished by Registered Persons

Published under Government Notice R1883 in Government Gazette 13444 of 9 August 1991.

The Minister of National Health has, in terms of section 61 (1) (gA) of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), on the recommendation of the South African Medical and Dental Council, made the regulations set out in the Schedule hereto.

Applicable Act: Health Professions Act, 56 of 1974 - GN R717 - Ethical Rules Of Conduct For Practitioners Registered Under The Act, 1974

Specific Reference: Health Professions Act, 56 of 1974 - GN R717 - Ethical Rules Of Conduct For Practitioners Registered Under The Act, 1975

Health Professions (Act, 56 of 1974) | Ethical Rules Of Conduct For Practitioners Registered Under The Act ,1974

Published under Government Notice R717 in Government Gazette 29079 of 4 August 2006 and amended by

GN R68 GG 31825 20090202

The Health Professions Council of South Africa, in consultation with the professional boards, and with the approval of the Minister of Health, has, in terms of section 49 read with section 61(2) and 61A(2) of the Health Professions Act, 1974 (Act No. 56 of 1974), made the rules in the Schedule.