MHS Act Section 5. Employer to maintain healthy and safe mine environment

 

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

(2) As far as is 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.

Section 6. Employer to ensure adequate supply of health and safety equipment

(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.

(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.

(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.

Section 7. Employer to staff mine with due regard to health and safety

(1) As far as is 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 thatthe precautionary measures laid down by the employer are implemented.

(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.

(3) The appointment of a person under subsection (2) does not relieve the employer of any duty imposed on employers by this Act.

(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.

(5) The appointment of a person under subsection (4) does not relieve the employer of any duty imposed on employers of this Act.

Section 8. Employer must establish health and safety policy

(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.

(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.

Section 9. Employer may prepare & implement H & S Code of Practice

Section 10. Employer to provide H & S training

Section 11. Employer to access and respond to risk

Section 12. Employer to conduct H & S hygiene measurements

Section 13. Employer to establish system of medical surveillance

Section14. Record of hazardous work

Section 15. Record of medical surveillance

Section 16. Annual medical reports

Section 17. Exit certificates

Section 18. Costs of examination

Section 19. Employees' right to information

Section 21. Manufacturer's and supplier's duty for health and safety (This is not necessarily a duty placed on a mine. Any supplier - even one who resorts within the jurisdiction of the OHS Act - who designs, manufactures, repairs, imports or supplies any article for use at a mine, has MHS Act duties. (Similar to section 10 of the OHS Act).