Mine Health and Safety Act, 1996 (Act No. 29 of 1996)Chapter 5 : Inspectorate of Mine Health and Safety55A. Inspector's Powers to Recommend Fine |
| (1) | An inspector may make a recommendation in writing to the Principal Inspector of Mines that a fine be imposed on an employer who has failed to comply with any provision contemplated in section 91(1B). |
[Section 55A(1) substituted by section 18(a) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (2) | [Section 55A(2) deleted by section 18(b) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)] |
| (3) | The inspector concerned must serve a copy of the recommendation on— |
[Words preceding section 55A(3) substituted by section 18(c) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (a) | the employer; |
| (b) | the health and safety committee, or if there is no health and safety committee, to any health and safety representative responsible for the working place in question; and |
| (c) | the representative trade union, or if there is no representative trade union, to every registered trade union with members at the mine. |
| (4) | The employer may make written representations to the Principal Inspector of Mines within 30 days of the recommendation. |
[Section 55A(4) substituted by section 18(d) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (5) | A representation made in terms of this section may not be used against the employer in any criminal or civil proceedings in respect of the same set of facts. |
[Section 55A(5) substituted by section 18(d) of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]