Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Chapter 6 : Minister's Powers

76. Minister may declare health hazards

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(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;
(d)require employers to conduct specified occupational hygiene measurements;
(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)]