Mine Health and Safety Act, 1996 (Act No. 29 of 1996)Chapter 3 : Health and Safety Representatives and Committees34. Establishment of health and safety committees |
| (1) | If a collective agreement is concluded in terms of section 33(1), health and safety committees must be established in terms of that agreement. |
| (2) | If no collective agreement is concluded in terms of section 33(1), the employer must establish health and safety committees after the consultation referred to in section 33(6) or (7) and in accordance with this section and the regulations. |
| (3) | A health and safety committee must consist of— |
| (a) | at least four employee representatives; and |
| (b) | a number of employer representatives equal to or less than the number of employee representatives. |
| (4) | The health and safety representatives must appoint the employee representatives on the health and safety committee. The employee representatives must be— |
| (a) | broadly representative of the working places at the mine; and |
| (b) | employees at that mine. |
| (5) | No more than two of the employee representatives may be appointed from full-time employees who are not health and safety representatives, unless all of the health and safety representatives have been appointed to the committee and there are still employee committee positions to be filled. |
| (6) | The employer must appoint the employer representatives on the health and safety committee. The persons appointed must include persons who have authority to develop and implement health and safety policies at the mine. |