(1) | The Minister by notice in the Gazette, may declare that an environmental condition or a substance present at a mine is a health hazard to employees who are or may be exposed to that condition or substance, if— |
(a) | the Minister has consulted the Council on the issuing of the declaration; and |
(b) | unless the Minister believes that the public interest requires the notice to be published immediately, the Minister has— |
(i) | published a draft of the proposed notice at least three months previously; and |
(ii) | at that time invited interested persons to submit comments and representations concerning the proposed notice within a specified period. |
(2) | In connection with any health hazard, the Minister, after consulting the Council, by notice in the Gazette, may— |
(a) | impose conditions on the performance of work by employees exposed to the health hazard; |
(b) | stipulate the standards of fitness for an employee to perform work involving exposure to the health hazard; |
(c) | require employers to take measures to eliminate, control and minimise health risks associated with the health hazard; |
(e) | require employers to conduct specified medical surveillance in respect of employees exposed to the health hazard, and |
(f) | provide for any other matter that the Minister considers necessary to protect employees exposed to the health hazard. |
(3) | The Minister may enter any mine at any time only for the purposes of health hazards. |
[Section 76(3) inserted by section 25 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]