Mine Health and Safety Act, 1996

 

To provide for protection of the health and safety of employees and other persons at mines and, for that purpose to promote a culture of health and safety; to provide for the enforcement of health and safety measures; to provide for appropriate systems of employee, employer and State participation in health and safety matters; to establish representative tripartite institutions to review legislation, promote health and enhance properly targeted research; to provide for effective monitoring systems and inspections, investigations and inquiries to improve health and safety; to promote training and human resources development; to regulate employers' and employees' duties to identify hazards and eliminate, control and minimise the risk to health and safety; to entrench the right to refuse to work in dangerous conditions; and to give effect to the public international law obligations of the Republic relating to mining health and safety; and to provide for matters connected therewith.

 

 

Latest Developments:

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated with the Guidance Note for the Management of Latent Tuberculosis Infection in the South African Mining Industry, as per Notice No. 5404 of GG51368 dated 11 October 2024.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated with the Guideline for a Mandatory Code of Practice for a Quality Assurance Programme for a System of Occupational Hygiene and Ventilation Engineering Measurements, as per Notice No. 5099 of GG51003 dated 2 August 2024.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated with the Guideline for a Mandatory Code of Practice for the Minimum Standards on Ground Vibrations, Noise, Air-Blast and Flyrock near surface structures and Communities to be Protected, as per Notice No. 5097 of GG51003 dated 2 August 2024.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated with the Substitution of Forms: Chapter 21.9(a), (b), (c), (d), (e) and (f) of the Regs under R.93 of 1997, as per Notice No. 2909 of GG47791 dated 21 December 2022.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated with the Commencement of Chapter 8 Sections 8.10.1.2(b) and 8.10.2.1(b) of Regs under R.93 of 1997, as per Notice No. 2908 of GG47790 dated 21 December 2022

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by the publication of a Guideline for a Mandatory Code of Practice: Occupational Health Programme for Noise, as per Notice No. 1755 of GG45903 dated 11 February 2022.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by the publication of a Guideline for a Mandatory Code of Practice: Occupational Health Programme on Thermal Stress, as per Notice No. 1754 of GG45903 dated 11 February 2022.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by the publication of a Guideline for the compilation of a mandatory Code of Practice for the prevention, mitigation and management of Covid-19 outbreak, as per Notice No. 701 of GG44947 dated 6 August 2021.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by a Guidance Note on the Management and Control of HIV in the South African Mining Industry as per Notice No. 327 of GG44427 dated 9 April 2021.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by a Guideline for a Mandatory Code of Practice: Prevention of Flammable Gas Explosions in Mines other than Coal Mines as per Notice No. 326 of GG44427 dated 9 April 2021.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by a Guidance Note for the Implementation of HIV Self-Testing in the South African Mining Industry as per Notice No. 30 of GG42956 dated 17 January 2020.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by a Guideline for the Compilation of a Mandatory Code of Practice for the Management of Working in Confined Spaces at Mines as per Notice No. 29 of GG42956 dated 17 January 2020.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by a Guideline for the Implementation of a Mandatory Code of Practice for the Prevention of Flammable Gas and Coal Dust Explosions in Collieries as per Notice No. 28 of GG42956 dated 17 January 2020.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by a Guideline for the Compilation of a Mandatory Code of Practice for the Management of Self-contained Self-rescuers in Mines as per Notice No. 27 of GG42956 dated 17 January 2020.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by Regulations, Chapter 4 : Explosives as per Notice No. R.952 of GG41904 dated 14 September 2018.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by the addition of Guideline for a Mandatory Code of Practice, Occupational Health Programme (Occupational Hygiene and Medical Surveillance) on Personal Exposure to Airborne Pollutants by Gazette No. 41561 and Notice No. 419 dated 6 April 2018.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by Guideline COP Prevention of fires at mines as per Notice No. R. 1199 of GG No. 40313 dated 30 September 2016.

 

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Guideline for a Mandatory Code of Practice for Risk Based Emergency Care on a Mine, Notice No. R. 840, Government Gazette 40142, dated 15 July 2016.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by Guideline for …. Right to refuse dangerous work and leave dangerous places as per Notice No. R. 148 of GG No. 39656 dated 05 February 2016.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Guideline for a Mandatory Code of Practice for Underground Rail Bound Equipment, Government Gazette 39228, General Notice No. 919, dated 25 September 2015.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Guideline for a Mandatory Code of Practice for Trackless Mobile Machines, Government Gazette 39228, Notice No. 855, dated 25 September 2015.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Guideline for a Mandatory Code of Practice for Cyanide Management, Government Gazette 39228, Notice No. 856, dated 25 September 2015.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by the Guideline for a Mandatory Code of Practice on the Provision of Personal Protective Equipment for Women in The South African Mining Industry, Government Gazette 39228, Notice No. 854, dated 25 September 2015.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Regulations Relating to Explosives, Notice No. R. 584, Government Gazette 38970, dated 10 July 2015.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Regulations Relating to Electricity, Notice No. R. 332, Government Gazette 38708, dated 24 April 2015.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Guideline for a Mandatory Code of Practice for Risk-Based Fatigue Management at Mines, Government Gazette 38339, Notice No. R. 1025, dated 19 December 2014.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Guideline for a Mandatory Code of Practice for the Safe Use of Conveyor Belt Installations for the Transportation of Mineral, Material or Personnel, Government Gazette 38339, Notice No. R. 1024, dated 19 December 2014.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been updated by Government Gazette 29457 dated 15 December 2006 - Notice 1278; Notice of Repeal

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Notice 1015 from Government Gazette 33711 – Regulations and by Notice 911 from Government Gazette 29214 – Regulations

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Notice 846 from Government Gazette 29144 – Regulations

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended Notice No. 447 from Government Gazette 34308 and Notice No. 89 from Government Gazette 34003

 

This act has been updated by the following Government Gazettes:

34003, Government Notices dated 11 February 2011

33752, Government Notices dated 12 November 2010

34308, Government Notices dated 27 May 2011

 

The Act has been updated by the Mine Health and Safety Amendment Act, 2008 (Act No. 74 of 2008) published in Government Gazette No. 32140 dated 17 April 2009.

 

The Act has been amended by :

Notice No. 1334 of 2007 printed in Government Gazette No. 30413 dated 2 November 2007;

"Amendment to Regulations" published in Notice No. 86 in Government Gazette No. 30697 dated 1 February 2008;

Notice No. 89 – Regulations; Notice No. 90 – Correction; Notice No. 92 – Regulations; Notice No. 93 – Regulations; Notice No. 94 – Regulations – all printed in Government Gazette No. 30698 dated 1 February 2008;

 

The Regulations to the Act have been updated by :

Amendment of regulation 23.4(c) (GG 26496 dated 2 July 2004)

Addition to the regulations of Chapter 17 (GG26963 dated 12 November 2004)

Addition of Chapter 8 (GG26333 dated 14 May 2004)

Addition of Chapter 14 (GG26963 dated 12 November 2004)

Amendment to the Regulations in respect of Occupational Hygiene (GG28333 dated 15 December 2005)

Addition of Chapter 13 (GG28333 dated 15 December 2005)

Additions to Chapter 8 (GG28333 dated 15 December 2005)

Addition of Chapter 4 ((GG29458 dated 15 December 2006)

 

Sections 45, 46 and 97 amended by the Skills Development Amendment Act, 2003 (31 of 2003) as gazetted on 14 November 2003 in GG 25720.

Chapter 11 of the Regulations has had the section on Noise added as gazetted on 14 June 2002 in GG 23498.

Note that this Act on Acts Online does yet not contain the Regulations from The Mines and Works Act (which are still in force).

Chapters 10, 21 and 23 of the Regulations have been added to the Act. This was gazetted on 9-2-01 as GNR 134 in GG 22055. Chapter 10 deals with "Miscellaneous and General Provisions", Chapter 21 contains the forms and Chapter 23 concerns "Accidents and Dangerous Occurrences".

Notice No. 176 regarding a Declaration of work in National interest, as published in Gazette 20897 and dated 25 February, has been added to the Act.

Section 11.2 and 11.3 of Chapter 11 of the Regulations have been added to the Act, as published in Gazette 20714 dated 17 December 1999.

Chapter 11 of the Regulations has been added as published in the Gazette, Notice No. R.721 and dated 11 June 1999.

The Mine Health and Safety Act, 1996 has been extensively updated by the Mine Health and Safety Amendment Act, 1997, dated 3 December 1997.As well as Schedule 7 being added to the Act as published in Government Notice No. R.612 dated 24 April 1998.

 

The Mine Health and Safety Act, 1996 (Act No. 29 of 1996) has been amended by Division of the Republic into Regions for the Purposes of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), Government Gazette 17725, Notice No. R. 92, dated 15 January 1997.