| (a) | identify the hazards to health or safety to which employees may be exposed while they are at work; |
| (b) | assess the risks to health or safety to which employees may be exposed while they are at work; |
| (c) | record the significant hazards identified and risks assessed; and |
| (2) | Every employer, after consulting the health and safety committee at the mine, must determine all measures, including changing the organisation of work and the design of safe systems of work, necessary to— |
| (a) | eliminate any recorded risk; |
| (b) | control the risk at source; |
| (c) | minimise the risk; and |
| (d) | in so far as the risk remains— |
| (i) | provide for personal protective equipment; and |
| (ii) | institute a programme to monitor the risk to which employees may be exposed. |
| (3) | Every employer must, as far as reasonably practicable, implement the measures determined necessary in terms of subsection (2) in the order in which the measures are listed in the paragraphs of that subsection. |
| (a) | periodically review the hazards identified and risks assessed, including the results of occupational hygiene measurements and medical surveillance, to determine whether further elimination, control and minimisation of risk is possible; and |
| (b) | consult with the health and safety committee on the review. |
| (a) | conduct an investigation into every— |
| (i) | accident that must be reported in terms of this Act; |
| (aA) | commence an investigation referred to in paragraph (a) within 10 days from the date of such accident, serious illness or health threatening occurrence; |
[Section 11(5(a) inserted by section 4(a) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)].
| (b) | consult the health and safety committee on investigations in terms of this section; |
| (d) | on completion of each investigation, prepare a report that— |
| (i) | identifies the causes and the underlying causes of the accident, serious illness or health-threatening occurrence; |
[Section 11(5)(d)(i) substituted by section 4(b) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)].
| (ii) | identifies any unsafe conditions, acts, or procedures that contributed in any manner to the accident, serious illness or health-threatening occurrence; and |
| (iii) | makes recommendations to prevent a similar accident, serious illness or health-threatening occurrence; and |
| (e) | deliver a copy of the report referred to in paragraph (d) within 30 days from the date of the accident, serious illness or health-threatening occurrence being investigated to the Principal Inspector of Mines and the health and safety committee. If there is no health and safety committee the employer must deliver a copy of the report to the health and safety representative responsible for the working place. |
[Section 11(5)(e) substituted by section 4(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (5A) | An investigation in terms of subsection (5) must be completed within 30 days after the accident, serious illness or health-threatening occurrence being investigated or such longer period as the Principal Inspector of Mines may permit. |
[Section 11(5A) inserted by section 4(d) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (5B) | The employer must notify the Principal Inspector of Mines of any accident or occurrence at a mine that results in— |
of any person, in order to allow the Principal Inspector of Mines to instruct an Inspector to conduct an investigation simultaneously with the employer as required in section 11(5)(a).
[Section 11(5B) inserted by section 4(d) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (6) | An investigation referred to in subsection (5) may be held jointly with an investigation conducted by an inspector in terms of section 60. |
[Section 60 empowers an inspector to investigate health and safety hazards if instructed by the Chief Inspector of Mines or requested by a trade union, a health and safety representative or a health and safety committee.]
| (7) | If there is no health and safety committee at a mine, the consultations required in this section must be held with— |
| (a) | the health and safety representatives; or |
| (b) | if there is no health and safety representative at the mine, with the employees. |
| (8) | In the event of an incident in which a person died, or was injured to such an extent that he or she is likely to die, or suffered the loss of a limb or part of a limb, no person may without the consent of the Principal Inspector of Mines disturb the site at which the incident occurred or remove any article or substance involved in the incident: |
Provided that an article or substance may only be removed if it is necessary to—
| (a) | prevent any further incident; |
| (b) | remove the injured or dead; or |
| (c) | rescue any person from danger. |
[Section 11(8) inserted by section 4(e) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
