Klass Looch Associates

Employer OHS Champion since 1986 

Mine Health & Amendment Safety Act No 74 of 2008.

‘‘Criminal liability.

Section 86A. (1) An employer, chief executive offıcer, manager, agent or

employee commits an offence if he or she contravenes or fails to comply

with the provisions of this Act thereby causing—

(a) a person’s death; or

(b) serious injury or illness to a person.

(2) If a chief executive offıcer, manager, agent or employee of the

employer commits an offence by performing or omitting to perform an act

and such performance or omission would have constituted an offence had it

been done by the employer, that employer is equally committing an offence

if the act or omission fell within the scope of the authority or employment

of the chief executive offıcer, manager, agent or employee concerned and the

employer—

(a) connived at or permitted the performance or an omission by the chief

executive offıcer, manager, agent, or employee concerned; or

(b) did not take all reasonable steps to prevent the performance or an

omission.

(3) For the purposes of subsection (1) the—

(a) fact that the person issued instructions prohibiting the performance or

an omission is not in itself sufficient proof that all reasonable steps

were taken to prevent the performance or an omission;

(b) defence of ignorance or mistake by any person accused cannot be

admitted; or

(c) defence that the death of a person, injury, illness or endangerment

was caused by the performance or an omission of any individual within the

employ of the employer may not be admitted.’’