| (a) | circumstances arise at that working place which, with reasonable justification, appear to that employee to pose a serious danger to the health or safety of that employee; or |
[A health and safety representative has the right to direct an employee to leave a dangerous working place. See section 30(1)(b).]
| (2) | Every employer, after consulting the health and safety committee at the mine, must determine effective procedures for the general exercise of the rights granted by subsection (1), and those procedures must provide for— |
| (a) | notification of supervisors and health and safety representatives of dangers which have been perceived and responded to in terms of subsection (1); |
| (b) | participation by representatives of employers and representatives of the employees in endeavouring to resolve any issue that may arise from the exercise of the right referred to in subsection (1); |
| (c) | participation, where necessary, by an inspector or technical adviser to assist in resolving any issue that may arise from the exercise of the right referred to in subsection (1); |
| (d) | where appropriate, the assignment to suitable alternative work of any employee who left, or refuses to work in, a working place contemplated in subsection (1); and |
| (e) | notification to any employee who has to perform work or is requested to perform work in a working place contemplated in subsection (1) of the fact that another employee has refused to work there and of the reason for that refusal. |
| (3) | If there is no health and safety committee at a mine, the consultation required in subsection (2) 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. |
| (4) | The Minister, by notice in the Gazette, must determine minimum requirements for the procedures contemplated in subsection (2). |
[Section 23(4) inserted by section 8 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
[It is an offence to discriminate against an employee who has asserted any right granted by this Act. See section 83.]
