Klass Looch Associates

Employer OHS Champion since 1986 

MHS Act. Section 21. Manufacturer's and supplier's duty for health and safety.

(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).