Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)Chapter II : Control in respect of mines and works, and determination of risk15. Prohibition of performance of risk work at controlled mine or works without a certificate of fitness |
| (1) | Save as provided in subsection (2), no person shall perform risk work at a controlled mine or a controlled works, unless he or she is in possession of a current certificate of fitness, or otherwise than in accordance with or subject to the terms of that certificate, and no owner of a controlled mine or a controlled works and no contractor shall permit any person to perform risk work at such mine or works, except in so far as that person is authorized to perform such work by virtue of such a certificate: Provided that an initial or other certificate of fitness or a special certificate issued under the provisions of the previous Act and which was valid immediately before the commencement of this Act, shall be deemed to be a current certificate of fitness under this Act until the validity thereof expires or until it is cancelled or is replaced by a certificate of fitness under this Act. |
[Section 15(1) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (2) | The Minister may, after consultation with the Chief Inspector as contemplated in the Mine Health and Safety Act, 1996, and the director, and subject to such conditions as the Minister may determine, exempt the owner of a controlled mine or a controlled works or a contractor from the provisions of subsection (1) in respect of a particular person or group of persons in his service or in respect of a particular occupation, if the Minister is satisfied that special circumstances exist which make such exemption desirable or that the work performed by such person or group of persons is of a temporary nature or of short duration or that the risk to which such person or group of persons is exposed is negligible, and the Minister may at any time cancel such an exemption. |
| (3) | The provisions of this section shall not be construed as prohibiting a person who is not in possession of a certificate as aforesaid, from performing at a mine or works which is not a controlled mine or a controlled works at the commencement of this Act, any work in which he or she is employed at that mine or works on the date on which it becomes a controlled mine or a controlled works, for a period not exceeding six months as from that date. |