MINE HEALTH AND SAFETY ACT, 1996

In April 1994 the Leon Commission of Inquiry into Health and Safety in the Mining Industry was appointed. In 1995 the commission presented a set of recommendations to Cabinet, including the recommendation that a new statute on occupational health and safety in the mining industry should be drafted.

These recommendations provided the basis for a draft mine health and safety bill, which was drafted after negotiations in the Mining Regulations Advisory Council (MRAC), a tripartite body representing stakeholders in the mining industry. This bill was tabled in Nedlac in December 1995. As a result of the extensive negotiations in the MRAC, the bill was not subjected to substantial negotiations in Nedlac. A committee of principals was established to consider the bill and certain amendments were made, whereafter Nedlac gave its support to the passage of the bill through Parliament. The bill was passed into law by Parliament in May 1996.

The Mine Health and Safety Act aims to redress the poor health and safety record of the South African mining industry, and to avoid a repetition of tragedies such as the Kinross and Vaal Reefs disasters. The Act, among others, grants workers the right to refuse to perform work under dangerous conditions, and to elect their own safety representatives. The Act also imposes extensive obligations on the owners and managers of mines regarding the health and safety of mine employees, as well as all other persons who may be directly affected by mining activity. Another key feature of the Act is that it provides for the establishment of a national health and safety inspectorate.