About the seminar

The Mine Health and Safety Seminar, presented by speakers from Brink Cohen Le Roux Inc., a firm of Johannesburg attorneys specialising in, amongst others, Mine and Occupational Health and Safety Law, has become an institution and is attended by leading health and safety experts in the field.

Amongst others, the following topics will be covered at the seminar:

• Criminal prosecutions for mine health and safety transgressions
• Administrative fines
• Suspension and cancellation of certificates of competency
• Closure orders

1. Arrests and criminal prosecutions
   • May a manager or supervisor be arrested for conduct relating to a mine accident?
   • When may a person be prosecuted for non-compliance with the Mine Health and Safety Act, No. 29 of 1996, the regulations which are binding thereunder or the common law?
   • Action for damages for unlawful arrest and malicious prosecution.
2. The role of discipline in the improvement of Mine Health and Safety
   • May an employee be disciplined prior to the conduct of an investigation or an inquiry in the event of a reportable accident?
   • May a disciplinary record be used against an employee in an investigation, inquiry, inquest or criminal prosecution?
3. The role of health and safety officers and representatives in health and safety
4. Administrative fines
   • When may an administrative fine be imposed?
   • On whom may an administrative fine be imposed?
   • Defences which may be raised to oppose the imposition of an administrative fine.
5. Letters of appointment and functions of appointees
   • The terms of the letter of appointment.
   • The functions of the appointee in terms of the Mine Health and Safety Act, No. 29 of 1996 and regulations which are binding thereunder.
   • Measures to ensure compliance with the obligations of the appointee.
   • Standard of care to be taken by appointee.
6. Handover procedures
   • Handover procedures in the event of one employee handing over functions to a new incumbent.
   • Handover procedures between shifts.
   • The role of risk assessment.
   • The importance of a written record of significant risks and hazards associated with the work.
7. Closure orders
   • Requirements for validity.
   • Action which may be taken in the event of invalid closure orders.
8. Suspension or cancellation of certificates of competency.
   • When may a certificate of competency be suspended or cancelled?
   • What measures may be taken to oppose such proceedings?

Willem le Roux B Iuris LLB
Director: Brink Cohen Le Roux Inc.
Willem specialises in occupational and mine health and safety law, litigation and environmental law. He has represented mining interests at the Leon Commission concerning Health and Safety in the mining industry. Willem assists employers in conducting health and safety audits. He has appeared for mining houses and corporations in the chemical, metal and other industries at very prominent inquests and inquiries, criminal prosecutions in mine and occupational health and safety and commercial litigation proceedings. He has represented employers in claims for damages based on silicosis and other lung diseases. Willem has been listed in the International Who's Who of Mining Lawyers 2011 publication of the International Bar Association as a prominent mining lawyer. He is the author of Mine Health and Safety Law, a loose leaf publication published by LexisNexis.

Pieter Colyn BLC LLB LLM Adv Dip Labour Law
Director: Brink Cohen Le Roux Inc.
Pieter is a litigation attorney and represents clients primarily in the mining, construction, ferrochrome, steel, vanadium and iron making industries. He has extensive experience in general, corporate and commercial litigation, labour law, environmental law, administrative law, as well as occupational and mine health and safety law. Pieter often appears personally on behalf of employers in these matters and has represented various corporations and top executive and management personnel in criminal matters and inquests, as well as in accident investigations and inquiries, in particular following major occupational and mine accidents and disasters. He has also assisted employers in conducting health and safety audits, as well as in preparing and implementing statutory appointment letters in terms of the applicable health and safety legislation.
Pieter has recently been listed in the International Who's Who of Mining Lawyers 2011 publication of the International Bar Association as a prominent mining lawyer.

Celeste Coles BA LLB
Director: Brink Cohen Le Roux Inc.
Celeste Coles completed her BA and LLB degrees at the University of Stellenbosch. She also successfully completed a certificate course in Prospecting and Mining Law in 2007. Her main areas of practice are general and commercial litigation, mine health and safety law and occupational health and safety law. Celeste has represented employers and managerial employees in prominent inquests and inquiry proceedings.

Edward James LLB
Senior Associate: Brink Cohen Le Roux Inc.
Edward joined Brink Cohen Le Roux Inc. in January 2008 and he was appointed as an associate of the firm in 2010. He is a litigation attorney and his main areas of practice are mine and occupational health and safety law. He has worked closely with Willem Le Roux and Pieter Colyn. He has assisted both Willem and Pieter during appearances on behalf of clients in various proceedings and he has appeared personally on behalf of clients during mine health and safety accident inquiries and investigations.

Warren Hendricks BA LLB
Associate: Brink Cohen Le Roux Inc.
Warren Hendricks completed his BA and LLB degrees at the University of Cape Town. He joined Brink Cohen Le Roux Inc. in 2009 and he was appointed as an associate of the firm in 2011. His main areas of practice are litigation, and mine and occupational health and safety law. He has assisted in the representation of clients in various proceedings and he has also appeared personally on behalf of clients during mine health and safety accident inquiries and investigations.

Tyla Foster BScoSci LLB
Associate: Brink Cohen Le Roux Inc.
Tyla Foster completed her BSocSci and LLB degrees at the University of KwaZulu-Natal. She joined Brink Cohen Le Roux Inc in January 2009 and was appointed as an associate of the firm in 2011. Her main areas of practice are litigation, and mine and occupational health and safety law. She has assisted in the representation of various clients in investigation and inquiry proceedings and criminal proceedings concerning mine health and safety.

Dates and venues 
27 March 2012 – Johannesburg, Emperor's Palace (011-928 1000)

The Fees (VAT Inclusive) 
One delegate – R3 700.00
Two or more delegates – R3 330.00 per delegate