Lexis^® Practical Guidance: Mine Health & Safety

• MHS law - Purpose, scope and institutional framework
• The MHS Inspectorate
• Department of Mineral Resources
• Scope of the Mine Health and Safety Act (MHSA) application
• Rights and duties of employers and employees
• Duties of manufacturers and suppliers
• Statutory appointments and management of MHS
• MHS representatives and committees
• MHSA investigation and reporting
• Inquiries in terms of section 65 of the MHSA
  - Preparations, procedures and outcomes

• Compulsory, discretionary and NPA investigations
• Inquests and joint inquiry and inquest
• Offences and penalties under the MHSA
• Criminal and common law offences and penalties
• Appealing the decisions of Inspectors
• Selected areas of industry concern
  - Types of work contributing to exposure
  - Emergency response preparedness
• Occupational diseases in the mines and works act
• Asbestos regulations
• Claiming compensation

The employer has an obligation to report any accident resulting in death or injury to the Principal Inspector of Mines. The employer has to report these accidents within the stipulated time periods prescribed and ensure that the forms provided by the Mine Health and Safety Act 29 of 1996 (MHSA) and applicable regulations are completed and submitted timeously. The failure of an employer to report an accident constitutes an offence in terms of the MHSA.

This guidance note is relevant to senior mine officials as it provides:

• Guidance on when and how accidents are to be reported.
• Users with all 9 of the different SAMRASS forms that are to be used when reporting accidents.
  - These SAMRASS forms are the specific forms that need to be utilised by the employer when a reportable accident or dangerous occurrence has taken place at the mine. For example, rockbursts and fall of ground accidents must be reported on a SAMRASS 3 form.

This guidance note investigates the three possible routes available for criminal prosecution for a fatal accident, i.e. an investigation conducted by the South African Police Services, the outcome of an inquest, or a recommendation made by the presiding officer on the completion of an inquiry.

It also discusses the NPA's discretionary right to decide whether or not to prosecute and the fact that a representative of the accused person may make representations on behalf of the accused requesting for the charges to be withdrawn.

It is relevant to associates and senior associates as it provides guidance on how they can go about representing and defending their clients in instances where they are being criminally pursued.

Precedents that are provided include:

• Letter to NPA regarding representations: a letter that an accused or his/hers/its representative would address to the National Director of Public Prosecutors (NDPP) informing him/her of the accused's intention to make representations in terms of his/hers/its defence as per the prosecution policy.
• Representations to the directorate of public prosecutions: the actual representation(s) made to the NDPP.

The Chief Inspector of Mines (Chief Inspector) is empowered to make various decisions in terms of the MHSA. Any person who is adversely affected by the decision made by the Chief Inspector can launch a judicial appeal against that decision to the Labour Court of South Africa.

This guidance note:

• Clearly details the right of appeal and the appeal procedure when an aggrieved party is ensuing an appeal application in light of a decision taken by the Chief Inspector.
• Is relevant to practitioners and senior mine officials alike as it provides guidance on what needs to be done in instances where the Chief Inspector has made a decision that is adverse to the mine's interests.